1

Despite developments in our law over the years, it seems that parties to an arbitration still have misconceptions on whether or not hearsay evidence is admissible in arbitration proceedings

2

There have been recent media reports regarding a Muslim woman, a member of the South African National Defence Force ("SANDF"),

3

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.

4

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

5

Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts.

6

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, "yes".

7

The general requirements for a fair dismissal based on an employer's operational requirements are found in section 189 of the South African Labour Relations Act, 1995 ("LRA"). However, section 189A provides for specific procedures and remedies, should an employer embark on a large-scale retrenchment.

8

A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration ("CCMA")

9

Delaying the prosecution of a review application can carry the risk of a court refusing to hear the application.

10

The South African Constitutional Court recently handed down judgment in Duncanmec Proprietary Limited v Gaylard N.O & Others in which it considered whether the singing of struggle songs, containing words ...

11

Striking is a fundamental right enshrined in South Africa's Constitution. However, section 36 of the Constitution accepts that a fundamental right can be limited.

12

Effective from 6 September 2018, Rwanda's New Labour Code (law n° 66/2018 of 30/08/2018 regulating labour in Rwanda) repealed law n° 13/2009 of 27/05/2009 regulating labour in Rwanda, which has been in force for over nine years.

13

This is calculated on the basis of the terms and conditions that the employee was subject to at the date of dismissal.

14

Once again, a differently constituted Constitutional Court adopted differing approaches in three lengthy and detailed judgments.

15

Since 2014, the employer in this matter has faced strong economic headwinds caused by a downturn in sales and increased costs.

16

Mr Maas subsequently referred an unfair dismissal dispute to the relevant bargaining council.

17

This aside, the journalists did not rely on the unfair dismissal procedures in the LRA, but on breach of contract.

18

Using muti or traditional preparations to intimidate, scare or threaten a colleague constitutes misconduct and employers have the right to "remove such purveyors of darkness from their environment".

19

The Commission for Conciliation, Mediation and Arbitration ("CCMA") has jurisdiction to hear certain employment disputes where the employee involved works outside of South Africa.

20

The CCMA has during September 2011 published a document titled "Guidelines on Misconduct Arbitrations" ("the Guidelines"), which will become effective on 1 January 2012.