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South Africa
Consolidated Employers Organisation
In essence, Section 23(2) of the BCEA sets out that the medical certificate must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients...
Consolidated Employers Organisation
In the pursuit of social justice within South Africa's labour law, employers often find themselves navigating a complex system filled with biases and challenges.
Consolidated Employers Organisation
The recent Labour Court matter of Independent Municipal & Allied Trade Union on Behalf of Espach v Polokwane Local Municipality (2024) 45 ILJ 308 (LC) revolves around an application...
ENS
Whether or not an employer is required to provide reasons before terminating an employee's contract of employment upon notice has been ambiguous for some time.
Consolidated Employers Organisation
In a notable judgment from the Labour Court of South Africa, the case of Mark Strydom v ArcelorMittal South Africa (J 1764/2023) has captured the attention of legal and labour relations experts.
Deale Attorneys
Sound familiar? Sometimes these protests may well be true. But they're not a defence. And they won't protect you from the merits of the charges if there're sufficient facts to prove them.
Deale Attorneys
"Yes, it is illegal. No doubt about it" Listen to the full conversation below…
ENS
There are currently two types of suspension recognised in our law, precautionary and punitive suspensions.
ENS
A confession is a statement in which a person acknowledges that he or she has committed an offence or crime. In both criminal and civil cases, including labour matters...
Consolidated Employers Organisation
We at CEO have published numerous articles on Default Arbitration Awards made by the CCMA. Those articles primarily focused on the remedies available to the employer in terms of the Labour Relations Act (LRA).
ENS
Labour and Employment Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries
Consolidated Employers Organisation
In the complex landscape of South African labour law, jurisdiction holds a pivotal role in determining the validity and enforceability of settlement agreements.
Consolidated Employers Organisation
From the point of departure, it is essential to acknowledge that the CCMA is a creature of statute, and jurisdiction will be limited to the powers given to the presiding Commissioner by the Labour Relations Act (LRA)...
Consolidated Employers Organisation
Intoxication in the workplace and employees reporting for duty under the influence are considered serious forms of misconduct.
Consolidated Employers Organisation
In the realm of South African labour law, the challenge of premature referrals in dismissal disputes has become a practical concern demanding careful consideration. Striking a balance between procedural adherence...
ENS
Section 143(1) of the Labour Relations Act, 1995 ("LRA") stipulates that an arbitration award issued by a commissioner appointed by the Commission for Conciliation, Mediation and Arbitration ("CCMA")...
Consolidated Employers Organisation
When parties cannot reach an amicable agreement or solution, a "deadlock" occurs. Before parties accept that a deadlock has been reached, they should consider the possible consequences.
Consolidated Employers Organisation
Constructive dismissal in South African labour law is not determined by whether an employee was forced to resign but by whether the working conditions were intolerable and unendurable.
Consolidated Employers Organisation
The evidentiary stage of an Arbitration hearing is a defining part of the process. What types of evidence may be relied upon, and what is the Employers' burden of proof, the value of witness testimony, and the consequences of failing to produce a witness?
Consolidated Employers Organisation
At the core of any Employer-Employee relationship emanates a common law duty of an Employee to render services to an Employer; however, it happens every so often that the Employer will require the Employee to render services ...
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