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...
May 23, 2018 | Labour and Employment Law
According to section 34(1) of the Basic Conditions of Employment Act (BCEA), an employer is not allowed to make deductions from an employee’s remuneration/salary without fulfilling specific criteria. Salary deduction requirements In order to make any salary...
