Changing Terms and Conditions of Employment

Changing Terms and Conditions of Employment

Any changes to terms and conditions of employment of employees cannot be implemented by an employer on its own and/or force changes or new terms and conditions onto employees.   Consent This principle emphasizes the need for a negotiated process where affected...
Dealing With a Fraudulent Sick Certificate

Dealing With a Fraudulent Sick Certificate

Increasingly, employees are submitting suspicious medical certificates, and a recent Labour Appeal Court judgment is not reassuring. The case in point is Woolworths (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JA90/22) [2024] ZALAC 29...
Dismissal of Prolonged Cases by the CCMA

Dismissal of Prolonged Cases by the CCMA

Introduction The case of South African Airways(SOC) Limited (in Business Rescue) and Others v National Union of Metalworkers of South Africa obo Members and Others (JA32/2020) [2020] ZALAC 34; [2020] 8 BLLR 756 (LAC); (2020) 41 ILJ 2113 (LAC); 2021 (2) SA 260 (LAC) (9...
Understanding Bumping Rights in the Workplace

Understanding Bumping Rights in the Workplace

The concept of bumping in the context of retrenchments is critical for determining the fairness of the selection criteria used by employers when dismissing employees. The jurisprudence on this matter, particularly as discussed in cases such as Chemical Workers...
Digital Evidence v Artificial Evidence

Digital Evidence v Artificial Evidence

With the proliferation of Artificial Intelligence (AI), it has never been easier to manipulate messages, videos or graphics. Therefore, the integrity of digital evidence in the age of artificial intelligence is under scrutiny.   Introduction The integration of...