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Labour 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.

Are Mutual Separation Agreements enforceable? Here is what the Labour Appeal Court found in Workforce Staffing (Pty) Ltd v Mjoli and Another

Explore the pivotal Labour Appeal Court ruling in Workforce Staffing v Mjoli, examining the enforceability of mutual separation agreements and the evidentiary responsibilities in employment disputes under South African law.

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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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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