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The Modern Workplace: Labour Law in a Changing World
The world of work is undergoing a dramatic transformation that is impacting labour law.
The Law of Evidence in Labour Law
The law of evidence in South African labour law applies many of the general principles of evidence, but with important adaptations.
Reputational Damage – Key Principles and Implications
In labour law, reputational damage caused by an employee’s conduct is a serious matter.
Ignorance of a Fraudulent Medical Certificate
What should an employer do when an employee submits an irregular sick note and pleads ignorance?
Non-Disclosure of a Criminal Record Before Employment
Non-disclosure of a relevant criminal record during the hiring process may constitute dishonesty and justify dismissal if it undermines the trust relationship.
The Enforceability of Overtime
A signed contract of employment does not mean that an employer may demand overtime indefinitely.
The Age of Misinformation – A Survival Guide
We are living in a time when information has never been more accessible – and less reliable.
Dismissing Employees for Irregular Medical Certificates
Unless the employer could prove that the employee was complicit in obtaining a false medical certificate (sick note), dismissing them would be unfair.
Post-Retirement Dismissals
ConCourt fails to reach consensus on dismissals after reaching retirement age.
How to Deal with a Bipolar Employee
Employees with bipolar disorder suffer from a condition characterised by mood swings.
Understanding Mental Disorders of Employees in the Workplace
Employers are increasingly required to address mental health issues among their staff.
Dismissal of Foreign National Workers
Guidance for employers on handling employee dismissal due to expired work permits and legal considerations.
Dismissal of Foreign National Workers
Can a foreign national employee on a permanent contract be dismissed if their work permit expires?
Definitions: Negligence and Gross Negligence
Negligence and gross negligence in labour law highlighted through the details of the NUMSA v CCMA Labour Court case.
Employment of Foreign Nationals
Regulations for employing foreign nationals in South Africa, including work permits, employer responsibilities, and labour rights compliance.
Dealing with Unethical Employees
Make no mistake. Employers will have to deal with unethical employees.
Zimbabwean Exemption Permits in South Africa
Zimbabwean Exemption Permits extended to 2025. Stay informed on protections, High Court rulings, and immigration updates.
Dismissing Employees for False Medical Certificates
It is common cause that many employees abuse their sick leave by submitting irregular and/or false medical certificates.
Recording Conversations without Consent
Conversations recorded without an employee’s consent can be used against the employee.
Medical Certificates and Proof of Incapacity: A Guide for Employers
Valid medical certificate requirements under BCEA in South Africa, including compliance and fraud prevention tips.
Giving Notice whilst on Leave
An employer may not give notice to an employee during any period of annual leave, maternity leave, parental leave or family responsibility leave, except sick leave.
How Does Sick Leave, Following an Injury on Duty, Work?
Sick leave after work injuries under COIDA and BCEA: coverage details, pay rates, benefit duration, and employer duties.
Do Job Titles Really Matter?
For many employees, job titles is a sensitive issue.
When Both Are at Fault: The Complexities of Driver Negligence
An overview of the Algoa Bus driver dismissal case, focusing on negligence and the 2024 Labour Appeal Court ruling.
Workplace Investigations
Incomplete investigation leaves gaps that can significantly weaken an employer’s position in disciplinary proceedings.
Recovering of Damages from The Employee
Understanding the legal implications of recovering damages from employees who breach fiduciary duties and violate contractual obligations.
Promotion, A Right or Privilege?
Is promotion a right or privilege? Gain legal insights for employers on ensuring fair promotion practices.
When Does the CCMA Have Jurisdiction for Section 73A Claims?
CCMA limits Section 73A claims. Understand thresholds, legal representation, conciliation, arbitration, and postponements.
Sick Leave Abuse
Employers are aware that some employees abuse their sick leave privileges because the employees deem it to be an entitlement or a right.
Discretion of The Commissioner re Sanction
Labour Court ruling on commissioner discretion and dismissal fairness in South African employment law cases.
Unfair Suspension from Work
The suspension of an employee should only be used when there is reasonable apprehension that the employee will interfere with the disciplinary investigation.
Resignation Versus Separation on Mutually Accepted Terms
It cannot be disputed that both a resignation and a mutual separation agreement (MSA) end the employment relationship. The question is how these differs in law.
Unpaid Suspension
The Labour Court has delivered a judgment dealing with unpaid suspension for employees who delay disciplinary hearings.
Frustrating the Disciplinary Process
Discover the intricacies of disciplinary processes, employee misconduct, and procedural fairness in labour law through key legal cases.
Changing Terms and Conditions of Employment
Employers cannot unilaterally change the terms and conditions of employment; obtaining employee consent is crucial.
Dealing With a Fraudulent Sick Certificate
Learn how recent Labour Appeal Court judgments impact the handling of fraudulent medical certificates and employee misconduct.
Dismissal of Prolonged Cases by the CCMA
If a dispute resolution matter is being prolonged by any party involved, it can be requested that the matter be dismissed.
Understanding Bumping Rights in the Workplace
Discover how bumping affects retrenchment fairness and legal criteria in South Africa. Key case law insights included.
Digital Evidence v Artificial Evidence
With the proliferation of Artificial Intelligence (AI), it has never been easier to manipulate messages, videos or graphics.
To Declare or Not: Previous Criminal Convictions
Learn the legal aspects of criminal record disclosure in employment, including expunged records and employer obligations for fair hiring.
The “Two-Pot” Retirement System
The introduction of the two-pot system brings forward necessary reforms to retirement savings but also raises significant legal questions.
Constitutional Court’s Take on Retrenchment Procedures: What Employers Need to Know
Constitutional Court clarifies retrenchment procedures, outlining key insights for employers under the LRA.
Business Transfer – Section 197 of Labour Relations Act
Where a business is transferred, the contracts of employment associated with that business go along with the business, and the purchaser becomes the new employer.
What Is the Future of The Occupational Health and Safety Act (OHSA)?
Uncover the future of the Occupational Health and Safety Act and its impact on workplace safety and regulations.
Testing Positive for Cannabis in the Workplace
The decriminalisation of cannabis for personal use has caused a bit of an employer conundrum.
Value Chain Negotiations in Labour Negotiations
To what extend did South African unions adapted to recognise and align to Value Chain Negotiations in Labour Negotiations?
PART 2: Representation at the CCMA
In this instalment, we explore the intricacies of arbitration, the second process employed by the CCMA.
Workplace Rules and Instructions are Not Negotiable
Learn about workplace compliance, disciplinary procedures, and the Labour Appeal Court in our latest blog on employment law.
PART 1: Representation at the CCMA
Who is allowed to represent a party at the CCMA and who is not allowed? The issue of representation has been one of contention over the years.
The Tightrope of Trade Restraints: Lessons from Recent Legal Cases
Dive into trade restraints in employment contracts with insights from recent legal cases. Explore enforcement, challenges, and implications.
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