by Thys Giliomee | May 14, 2024 | LabourTalk
The economic landscape is ever changing with employers trending to distinguish between core functions and non-core functions. These non-core functions are often outsourced. When negotiating on behalf of employees performing such outsourced functions, the unions are...
by Thys Giliomee | Apr 30, 2024 | LabourTalk
The facts in Mgaga v Minister of Justice and Correctional Services and Others (DA 17/21) [2024] ZALAC 8 (11 April 2024) were that: Mgaga commenced employment with the Department of Justice and Constitutional Services in 1985 – he had about 29 years of service....
by Thys Giliomee | Apr 15, 2024 | LabourTalk
The Restraint of Trade clause in employment contracts has been the subject of a number of cases. The latest one is again evidence of the difficulty in enforcing same. The Issue In Torrente and Another v Grant Monaghan and Associates Incorporated (JA 45/23...
by Thys Giliomee | Mar 26, 2024 | LabourTalk
How to deal with less serious workplace transgressions The answer to this question is in the interpretation of Paragraph 3(2) of Schedule 8 to the Labour Relations Act – The Code of Good Practice: Dismissals. This paragraph states that: The...
by Thys Giliomee | Mar 18, 2024 | LabourTalk
The term “Fair Reason” is sometimes substituted with substantial fairness. Paragraph 2(1) states that: “Whether or not a dismissal is for a fair reason is determined by the facts of the case, and the appropriateness of dismissal as a penalty.” This must be...
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