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Labor Law Articles

Who Can Enter Into A Contract?

South African law dictates that in order for an agreement to be recognized as a valid and binding contract, it must meet certain requirements. These requirements are as follows: There must be consensus between the parties The parties must have intended for the...

Limiting Employment Claims – Protection Where It’s Needed

What does "Limiting Employment Claims" mean? This title simply means that employment claims are to be viewed in a more holistic manner. When people consider the notion of any right, they focus mainly on the person who is at the bottom of the vertical ‘rights...

Can An Employee Be Dismissed For Posting Racially Discriminative Post(s) on Facebook?

South Africa is a racially diverse country and every day, people of different races encounter one another. Among other places, the workplace is often times an environment in which different races meet, as this is where the South African working population spends most...

Can An Employee Be Dismissed When Tested Positive For Cannabis

Previously, I wrote an article that asked the question whether an employee can be dismissed if caught smoking cannabis at or directly prior to work. In a recent judgment handed down in the matter of Mtembu and Other v NCT Durban Wood Chips (2019) 4 BALR 369 (CCMA) the...

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?

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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