Labour Law Articles

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.

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...

Toxic Work Environment

Sep 17, 2020 | Labor Law, Labour Law

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?

Mar 16, 2020 | Labour Law

The Labour Relations Act deals specifically with the requirements and criteria when an employer...

3 QUESTIONS EACH EMPLOYER HAS ABOUT CORONAVIRUS

Mar 16, 2020 | Attorney, Labour Law

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 ;

Automatic Termination of Employment

Feb 24, 2018 | Labour Law

It is important to be aware of case law and recent judgments regarding the various facets of the law. In this research article, we will be exploring the long-debated subject of an employment relationship that may be terminated by the employer upon a specific event...

Condonation in Labour Law

Jan 22, 2018 | Labour Law

We are often presented with the question of what condonation is and what it entails when consulting with new clients. This article will serve the purpose to inform you what condonation means and what it entails. What is Condonation? In South African law we have...

Legal representation at the CCMA

Nov 28, 2017 | Labour Law

It is always best to consult an attorney regarding legal representation at the CCMA when proceeding. A party wishing to attend the CCMA must ensure that they are well informed of their matter. The CCMA is an institution which follows its own rules and guidelines. This...

The Ins and Outs of Maternity Leave

Nov 28, 2017 | Labour Law

There are various rights and benefits protecting a pregnant employee and her right to maternity leave. It is the duty of both parties to ensure that they comply with the laws as stipulated and employers should be very cautious if they wish to dismiss a pregnant...

Labour Court Review – A remedy when Arbitrations go awry

Nov 21, 2017 | Labour Law

The Commission for Conciliation Mediation and Arbitration (“CCMA”) was established by the Labour Relations Act, 66 of 1995. The CCMA specifically exists as a speedy and cost-effective forum for labour disputes to be dealt with. Because of the relative ease associated...

Rescinding a Default Award

Nov 14, 2017 | Labour Law

A Default Award is usually made by a Commissioner where one party was absent to the arbitration proceedings. This means that the Commissioner will only hear the evidence of the attending party and make a ruling in his/her favour, depending on the evidence and facts....

4 Questions to consider when taking an Arbitration Award on review

Jul 24, 2017 | Attorney, Labour Law

An Arbitration Award made by a Commissioner is binding and final. The Labour Relations Act (the “LRA”) does not allow a party to appeal against an arbitration award, but in terms of Section 145 of the LRA the Award may be taken on review. 1. What is an...

3 Things to consider when settling a dispute at the CCMA

Jun 8, 2017 | Labour Law

In this article, we highlight 3 things to consider when settling a dispute at the CCMA. Settling a dispute at the CCMA can be a good way to resolve any problems between an employer and employee. However, it often happens that both parties are willing to resolve the...

The difference(s) between Conciliation and Arbitration

May 30, 2017 | Labour Law

While the process of conciliation and arbitration may look the same at first glance, these subjects have various differences between them. These differences are: Conciliation: The first stage of resolution. The Commissioner meets with the parties in dispute and...

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