May 7, 2020 | Labour and Employment Law
As of 1 May 2020, South Africa has moved from level 5 of the hard lockdown to level 4 of the phased approach in easing the country out of lockdown. As such, new regulations were gazetted on 29 April 2020 which in effect allows for approximately 1.5 million of the...
Mar 18, 2020 | Labour and Employment Law
The Commission for Conciliation, Mediation and Arbitration (CCMA) is intended to be a forum in which labour disputes can be speedily and efficiently decided with a minimum of legal formalities and procedure. There is a clear apprehension that the right to be...
May 9, 2019 | Labour and Employment Law
Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices. Court decisions define reinstatement In terms of the Labour Relations Act, there is no set definition for reinstatement therefore it is important to consider court decisions...
May 2, 2019 | Labour and Employment Law
Section 118 of the Labour Relations Act 66 of 1995 (LRA) stipulates that a dismissal must be for a fair reason and effected in accordance with fair procedure, taking into account any relevant code of good practice. Employers should have a Disciplinary Code Schedule 8...
Mar 26, 2019 | Labour and Employment Law
Disciplinary action occurs when a rule or standard of conduct in the working environment has been breached and cannot be remedied by any other means. However, this step can only be taken when an allegation of misconduct has been proven by means of evidence. Employee...
Dec 5, 2018 | Labour and Employment Law
The majority of employment contracts contain a restraint of trade clause. Many people merely consider it a standard clause but it can have serious implications for future employment. The implications can be seen in the recent dispute between Pepkor (formerly Steinhoff...
