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ENSafrica
In a press release today, 17 March 2020, the Department of Employment and Labour (the "Department") appealed to employers to use the prescriptions
ENSafrica
The economic climate in which many South African firms operate has meant that dismissals for operational requirements have become an inescapable concern.
Schoemanlaw Inc.
The Department of Employment and Labour has published a Directive on COVID-19 and implications on the leave provisions as set out in the Basic Conditions of Employment Act 75 of 1997 as well as a new Government Gazette ...
Fasken
The Compensation Commissioner has issued the Notice on Compensation for Occupationally-Acquired Novel Corona Virus Disease (COVID-19) to clarify the position of the Compensation Fund with regards to occupationally-acquired Covid-19.
Schoemanlaw Inc.
Constructive Dismissal is defined in Section 186 of the Labour Relations Act ("the Act") which sets out the meaning of dismissal in terms of the Act.
ENSafrica
In light of South African President Cyril Ramaphosa's speech on the country's response to the Coronavirus last night, there are a number of new questions that we anticipate will be plaguing employers.
Schoemanlaw Inc.
A contagious disease known as Coronavirus or COVID-19 ("the Virus") was first detected in China in December 2019 and has since regrettably spread worldwide. The World Health Organization ("the WHO")
ENSafrica
The right to strike is enshrined in section 23 of the South African Constitution and regulated in some detail in the Labour Relations Act, 1995 ("LRA").
ENSafrica
In view of the impending implementation of the Portable Gratuity Retirement Fund ("PRGF"), the Minister of Labour, Human Resource Development and Training...
Schoemanlaw Inc.
The recent ruling ("the ruling") by the Commission for Conciliation, Mediation and Arbitration ("the CCMA") which ordered an Employer to pay almost R12 million
Fasken
There is no doubt that gender inequality lies at the heart of most of the problems in our society. It is foundational to violence and abuse of women which is the focus of the 16 days of Activism.
ENSafrica
When dealing with a workplace issue, an employer should be careful to identify the problem in question correctly so that the appropriate steps are taken.
Schoemanlaw Inc.
Suspension of Employees is a common occurrence in the workplace. Accordingly, Employers should be aware of the correct processes and procedures which must be...
Werksmans Attorneys
Often employment law disputes at the Commission for Conciliation, Mediation and Arbitration ("the CCMA") or the Labour Courts are resolved by way of an award of compensation in favour of an aggrieved party.
Werksmans Attorneys
On 4 December 2018, the Labour Court in Johannesburg delivered judgment in the matter cited above.
Schoemanlaw Inc.
As the world's focus once again shifts to the west and its most recent and controversial presidential appointment, questions relating to border...
Werksmans Attorneys
The provisions in the Basic Conditions of Employment Act 75 of 1997 relating to parental, adoption and commissioning parental leave came into effect on 1 January 2020.
Werksmans Attorneys
Whether an act of dishonesty would lead to a breach in the trust relationship so as to render the continuation of employment intolerable.
Werksmans Attorneys
A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same...
Bowmans
Constitutional Court has confirmed the constitutionality of two key sections of the Labour Relations Act that are pertinent to employers contemplating retrenchments.
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