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Labor Law Articles

Was this Retrenchment Substantively Fair?

In the case of NUFBWSAW v Coca Cola Beverages [2024] JA130-22 (LAC), the Labour Appeal Court upheld the substantive fairness of CCBSA’s retrenchments due to economic pressures, including the sugar tax impact. The court found CCBSA’s restructuring response to be commercially rational and fair, dismissing the appeal.

Was the Labour Court’s Decision to Remit a Misconduct Case to the CCMA Justified?

Explore the key legal insights from a recent Labour Appeal Court ruling on employee misconduct involving fraudulent sick notes, focusing on the appropriateness of sanctions and the impact of mitigating factors in employment law. Understand the balance between individual circumstances and employer policies in maintaining workplace integrity.

Is the Dismissal of an Employee for Cannabis Use Outside the Workplace Unfair Discrimination?

Explore the groundbreaking judgment on workplace drug policies vs. employee privacy rights in cases of medicinal cannabis use. Learn about the balance between workplace safety and personal privacy.

Demystifying Financial Disclosure Affidavits (FDAs): From Mystery to Mastery

Financial disclosure affidavits (FDAs) have become an integral part of divorce proceedings, particularly in the Gauteng High Courts. To truly understand their significance, we'll take a journey back to the time before FDAs, explore key legal cases that led to their...

Was this Retrenchment Substantively Fair?

In the case of NUFBWSAW v Coca Cola Beverages [2024] JA130-22 (LAC), the Labour Appeal Court upheld the substantive fairness of CCBSA’s retrenchments due to economic pressures, including the sugar tax impact. The court found CCBSA’s restructuring response to be commercially rational and fair, dismissing the appeal.

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Was this Retrenchment Substantively Fair?

Was this Retrenchment Substantively Fair?

In the case of NUFBWSAW v Coca Cola Beverages [2024] JA130-22 (LAC), the Labour Appeal Court upheld the substantive fairness of CCBSA’s retrenchments due to economic pressures, including the sugar tax impact. The court found CCBSA’s restructuring response to be commercially rational and fair, dismissing the appeal.

read more
To Vax Or Not To Vax – An Employer’s Covid Conundrum

To Vax Or Not To Vax – An Employer’s Covid Conundrum

At present, the world seems to be sitting on a pressure-cooker. As pro-vaccine and anti-vaccine proponents take to social media, radio, TV, and whichever soapbox they can get their hands on to extol the virtues of their own viewpoint, whilst lamenting the ignorance of these people who hold different and opposing views, employers must decide on their company’s vaccine policy.

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The Corona Virus And The Implications It Has On Your Sick Leave

The Corona Virus And The Implications It Has On Your Sick Leave

With the number of COVID-19 infections increasing significantly during the ongoing second wave of the global pandemic, employers have gotten use to the new normal of dealing with employees who have tested positive for the virus, those who show COVID-19 related symptoms and those who have come into contact with someone who has tested positive. In this uncertain times and employer and employee should, however, be certain of when sick leave should be used.

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Toxic Work Environment

Toxic Work Environment

Toxicity in the workplace – are you experiencing this?
A toxic or hostile work environment is not simply left at the door but may seep into every aspect of your life and influence not only your mental health and stability but may and most likely will cause problems with your physical health and even your relationships outside of work.
Section 10 of the South African Bill of Rights as contained in the Constitution of the Republic of South Africa states: 
“Everyone has inherent dignity and the right to have their dignity respected and protected” 

The infringement of ones right to dignity and respect can take various forms including harassment, bullying and passive-aggressive behaviour. 

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WHAT TO DO WHEN I GET RETRENCHED AND/OR DISMISSED DURING THE LOCKDOWN?

WHAT TO DO WHEN I GET RETRENCHED AND/OR DISMISSED DURING THE LOCKDOWN?

t this stage, a lot of employers find themselves at an impasse not being able to generate a monthly income, but still being liable for monthly remuneration of employees. The lockdown in essence is affecting the economy of South Africa tremendously. For this reason, employers are faced with no other option but either to have the employees take unpaid leave, if the employees are able to afford it. The alternative, which is the most nuclear option, is to start the Retrenchment process.

If an employee is retrenched, the burning question any employer or employee may have is whether the matter can be referred to the CCMA during the lockdown period.

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