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.
Labour Law Articles
The Case of Free Speech vs. Workplace Regulations: A Dismissal Upheld for Racist Remarks
Explore the pivotal Van Straaten v Commissioner Julies Wehncke & Others case from the Labour Court of South Africa, illustrating the balance between free speech and workplace regulations against racism. This summary highlights the dismissal upheld for racist remarks on social media, reinforcing the limits of freedom of expression in the workplace.
Demystifying Financial Disclosure Affidavits (FDAs): From Mystery to Mastery
Financial disclosure affidavits (FDAs) have become an integral part of divorce proceedings,...
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.
The Case of Free Speech vs. Workplace Regulations: A Dismissal Upheld for Racist Remarks
Explore the pivotal Van Straaten v Commissioner Julies Wehncke & Others case from the Labour Court of South Africa, illustrating the balance between free speech and workplace regulations against racism. This summary highlights the dismissal upheld for racist remarks on social media, reinforcing the limits of freedom of expression in the workplace.
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...
Restraint of Trade and Confidentiality: The State of Play in South Africa
Five Lessons From Our Courts South African labour law, like most jurisdictions worldwide, acknowledges the delicate balance between protecting an employer's legitimate business interests and preserving an employee's right to freedom of trade. Recent judgments passed...
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.
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.
Can an employer withhold an employee’s severance pay if the employee refuses an alternative position?
The Labour Relations Act deals specifically with the requirements and criteria when an employer wants to start the retrenchment process with an employee. One aspect hereof that an employee may not be aware of, is that an employer may not have to pay the severance pay...
3 QUESTIONS EACH EMPLOYER HAS ABOUT CORONAVIRUS
We highlight 3 questions each employer has about Coronavirus. With the number of people infected with the coronavirus, COVID-19 and this number growing rapidly as the days pass by it is important for employers to know what their duty is towards their employers. COVID-19 is making a substantial impact on society, the economy and the workplace, and it is, therefore, the duty of the employer to ensure that certain protocols are put in place to ensure that the working environment that both the employer and the employee are subjected to are safe. However, one question raised frequently is ;
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...