Searching Content indexed under Contract of Employment by ENSafrica ordered by Published Date Descending.
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Multinationals Are Now Able To Second Their Employees To Rwanda
Rwanda has adopted a ministerial order implementing the law on immigration and emigration, introducing various changes to the Rwandan immigration and emigration landscape.
South Africa
30 Jul 2019
The Reciprocal Duty Of Good Faith Undercuts Derivative Misconduct
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment.
South Africa
25 Jul 2019
Does Section 187(1)(C) Of The LRA Apply To Individual Dismissals?
Section 187(1)(c) of the South African Labour Relations Act, 1995 ("LRA") has always been controversial because of the interplay between the definition of automatically
South Africa
18 Jul 2019
Precautionary Suspension: Do Employees Have The Right To Make Representations?
If an employer suspects an employee of committing an act of misconduct, it is possible that the employer will want to place that employee on what is usually referred to as a "precautionary suspension"
South Africa
6 Mar 2019
New Type Of Worker Recognised In The Amended Employment Rights Act
These amendments will be of definite interest to operators in the gig economy offering services via platforms.
29 Oct 2018
The New Rwandan Labour Code: A Mixed Bag Of Pro-Employer And Pro-Employee Changes
Effective from 6 September 2018, Rwanda's New Labour Code (law n° 66/2018 of 30/08/2018 regulating labour in Rwanda) repealed law n° 13/2009 of 27/05/2009 regulating labour in Rwanda, which has been in force for over nine years.
9 Oct 2018
The Basic Conditions Of Employment Amendment Bill – Too Much Work For The CCMA?
During the course of recent months, South African Parliament has considered four bills proposing significant changes to South Africa's labour legislation.
South Africa
29 Aug 2018
Dismissals With Immediate Effect: A Different Approach
In a previous ENSight, we discussed the decision of the Labour Court in Mtati v KPMG Services (Pty) Ltd. In this case, it was decided that employees may not be disciplined if they have resigned "with immediate effect".
South Africa
23 Aug 2018
Social Media: Speaking Out vs Speaking Up
Criticism can be a very tricky thing to digest.
South Africa
30 May 2018
Labour Court Rules On Automatically Unfair Dismissals In The Context Of Changes In Employment Conditions
Since 2014, the employer in this matter has faced strong economic headwinds caused by a downturn in sales and increased costs.
South Africa
6 Feb 2018
Temporary Employment Services: The Labour Appeal Court Decides
The most important of these provisions is found in the newly-enacted section 198A.
South Africa
14 Jul 2017
Expectations Of Permanent Employment
The use of fixed-term employment contracts has been the subject of contention for many years.
South Africa
23 Jun 2017
Legitimate Business Objective Trumps Deemed Employment
The matter before the CCMA involved Shoprite, one of the largest food retailers in Africa.
South Africa
18 May 2017
Is There Still Place For Fixed-Term Contracts In The Construction Industry?
Can a construction contractor automatically terminate its employees' contracts when skills are no longer required for a construction project?
South Africa
8 Dec 2016
SABC Judgment Raises Important Employment Law Issues
This aside, the journalists did not rely on the unfair dismissal procedures in the LRA, but on breach of contract.
South Africa
9 Aug 2016
Can A Retrenchment Process Start Before A Business Rescue Plan Has Been Approved?
In a recent case, the Labour Court needed to consider the interplay between section 136 of the Companies Act, 2008 and section 189 of the Labour Relations Act, 1995 ("the LRA").
South Africa
11 May 2016
Mutual Separation Agreements: Caveat Subscriptor
In many cases, and for various reasons, an employer and employee will choose to conclude a mutual separation agreement, bringing to an end an employment relationship by way of mutual consent, rather than unilateral termination.
South Africa
26 Apr 2016
Settlement Agreements And Orders Of Court – An Employee Remedy That Employers Should Be Aware Of
It is not unusual for an employer and an employee to enter into agreements which result in the employment of an employee being terminated by agreement.
South Africa
24 Feb 2014
GAR Construction Arbitration Know-How
Unless otherwise indicated, all questions assume (1) a construction contract between an employer and a contractor
South Africa
10 Dec 2013
The Dangers Of Providing In Employment Contracts That A Dismissal Must Be For A Fair Reason And Follow A Fair Procedure. A Recent Lesson From The Labour Court
Some employers qualify the termination provisions in their standard employment contracts, by stating that they will only terminate the employee’s employment where a fair reason exists to do so and after following a fair procedure.
South Africa
2 Dec 2013
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