Labour Law Articles

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...

Mutual Seperation Agreements

Too often attorneys get approached by an employer or employee who indicates that they are no longer satisfied with their working relationship. However, these parties usually do not want to end the relationship on bad terms and they are desirous of reaching an...

Abusing Medical Leave

WHAT CAN AN EMPLOYER DO WHEN AN EMPLOYEE IS ABUSING MEDICAL LEAVE? It happens too often that an employer is faced with an employee who takes more medical leave than he/her is expected, but the employee always provides a medical certificate. The question usually...

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 ;

Who Can Enter Into A Contract?

Sep 6, 2019 | Labor Law, Labour Law

South African law dictates that in order for an agreement to be recognized as a valid and binding...

Limiting Employment Claims – Protection Where It’s Needed

Jun 18, 2019 | Labor Law, Labour Law

What does "Limiting Employment Claims" mean? This title simply means that employment claims are to...

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...

The correct reasons for dismissal

May 11, 2017 | Labour Law

When do you dismiss an employee? This is the one question that an employer needs to ask when facing a situation where they are faced with a possible dismissal. It is very important to remember that an employee cannot be dismissed for no valid reason. Dismissal...

Dismissing an employee – Things to consider

May 11, 2017 | Labour Law

When an employer wishes to dismiss an employee there are certain factors that need to be taken into consideration. An employer cannot merely dismiss an employee on a whim. The employer needs to adhere to the Labour Relations Act and the prescribed procedure...

Referring a dispute to the CCMA – The basics

Nov 28, 2016 | Labour Law

Referring a dispute to the Commission for Conciliation, Mediation and Arbitration [CCMA] can seem difficult when you have never been to the CCMA. This article will summarise the basics that you need to know to be able to refer your matter. When considering the CCMA,...

What happens at an Arbitration – do you know your rights?

Nov 21, 2016 | Labour Law

When you have attended the conciliation process and the matter could not be resolved, it must be referred to Arbitration. It is important to note that the matter must be referred to Arbitration within 90 [ninety] days from the date that the Certificate of Outcome was...

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