Searching Content indexed under Employee Rights/ Labour Relations by ENSafrica ordered by Published Date Descending.
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Can Your Employer Tell You How To Dress?
There have been recent media reports regarding a Muslim woman, a member of the South African National Defence Force ("SANDF"),
South Africa
30 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
Can Employees Be Dismissed For Refusing To Accept New Terms And Conditions Of Employment?
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".
South Africa
8 Jul 2019
The Importance For An Employer To Exercise Good Faith In Terminating Employment Reaffirmed
In its judgment in the case of United Docks Limited v De Spéville [2019] UKPC 28 (delivered on 10 June 2019), the Judicial Committee
South Africa
28 Jun 2019
Large-Scale Retrenchments: Compensation As A Remedy For Procedural Unfairness
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.
South Africa
13 Jun 2019
New Decision May Deprive Commissioner Discretion To Refuse Legal Representation In CCMA And Bargaining Council Arbitration Proceedings
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")
South Africa
4 Jun 2019
Non-Employers May Approach The Labour Court For Interdictory Relief Against Unregistered Trade Unions
In the recent matter of Vodacom & others v the National Association of South African Workers and 1 other, which was handed down on 4 March 2019.
South Africa
15 Mar 2019
Undue Delay In Prosecuting Review Applications: A Cautionary Tale
Delaying the prosecution of a review application can carry the risk of a court refusing to hear the application.
South Africa
8 Mar 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
The Doctrine Of Common Purpose In Strikes
An unfortunate by-product of strike action in South Africa is the common occurrence of unlawful and sometimes violent conduct on the part of certain members ...
South Africa
18 Feb 2019
Notices To Attend A Disciplinary Enquiry - Stating The Facts Is Sufficient
The employee discipline process generally starts with an employee being given notice to attend a disciplinary enquiry.
South Africa
11 Feb 2019
South Africa
30 Oct 2018
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 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
A Union's Duty To Consult: The Labour Court's Disapproval Of Delaying Tactics And Obstructive Behaviour
Putco's case was that it had sought to consult comprehensively on all topics, but the unions had consistently obstructed proper consultation.
South Africa
24 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
The New School Approach To Old School Labour Court Cost Orders
In litigation outside the confines of the Labour Court, the general principle is that costs follow the result.
South Africa
2 Aug 2018
Standing Up To The Majority
Extensions in terms of section 23(1)(d) are subject to this requirement.
South Africa
2 Aug 2018
South African Constitutional Court Ruling: What Does It Mean For Employees Of Temporary Employment Services?
It creates the impression that, for all intents and purposes, the assignee becomes an employee of the client.
South Africa
2 Aug 2018
Employment Standards As Per The New Labour Regulations In Tanzania
The regulations introduced new employment standards, a few of which are highlighted below.
31 May 2018
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