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So far Cowan-Harper-Madikizela Attorneys has created 13 blog entries.

What do the Courts say about reinstatement of violent strikers?

What do the Courts say about the reinstatement of violent strikers? Strike violence amounts to the abuse of the right to strike and is the antitheses of constitutional values. Much has been written about strike violence and the Courts have recognised it as being a ‘scourge’ and made it plain that we should not [...]

2018-10-16T20:20:33+00:00May 15th, 2018|

Are you prepared to lie to get a job?

Are you prepared to lie to get a job? It is well established that an employer must be able to place trust in its employees. Since trust is the centrepiece of the employer-employee relationship, it follows that any misconduct which jeopardises this trust relationship may result in the employee’s dismissal. Many employers will attest [...]

2018-07-04T15:44:42+00:00April 19th, 2018|

Retrenchment Consultation

Identifying consulting parties in terms of section 189(1) of the LRA Employers are often uncertain as to who they should consult with when embarking on a restructuring exercise in terms of section 189 of the Labour Relations Act 66 of 1995, as amended (“the LRA”). Depending on various factors, the consultation process could last [...]

2018-07-04T15:45:42+00:00March 2nd, 2018|

An apple a day? Dishonesty and the employer’s onus in dismissal disputes

An apple a day? Dishonesty and the employer’s onus in dismissal disputes In the recent case of Compass Group Southern Africa (Pty) Ltd v van der Merwe N.O & Others (JR633-16, 9 February 2018) the employer had approached the Labour Court with a review application, seeking to review and set aside the findings of the Commissioner [...]

2018-07-04T15:45:48+00:00February 14th, 2018|

Foreign Nationals & Affirmative Action

Foreign Nationals & Affirmative Action As a result of the socio-economic situation in South Africa, many employers are faced with a flood of job applicants whenever a new or vacant position is advertised. Often such job applicants include both South African citizens and foreign nationals who may hold permanent residence. When determining which candidate [...]

2018-07-04T15:45:56+00:00January 30th, 2018|

Bridging the Gender Pay Gap- The Labour Court’s Response

Bridging the Gender Pay Gap- The Labour Court’s Response Introduction: Discussions pertaining to pay or remuneration remains a “taboo” topic in the workplace notwithstanding the provisions of section 78(1)(b) of the Basic Conditions of Employment Act 75 of 1997, as amended (“the BCEA”) which provides every employee with the right to discuss his or [...]

2018-07-04T15:46:02+00:00January 30th, 2018|

Duty to act in employer’s best interest

Duty to act in employer's best interest As a general principle of common law, it is the duty of every employee to act in the best interest of their employer. Adjunct to this, for HR practitioners, is the SABPP requirement to act in accordance with the values and code of conduct of the Board. [...]

2018-07-26T12:36:01+00:00January 16th, 2018|

Mutual Separation Agreements are Valid and Binding- Constitutional Court

Mutual Separation Agreements are Valid and Binding- Constitutional Court In Gbenga-Oluwatoye v Reckitt Benckiser South Africa (Pty) Limited and Another (2016) 37 ILJ 2723 (CC), the Constitutional Court (“the CC”) considered the validity of a mutual separation agreement and re-affirmed that such agreements are lawful, even if they waive an employee's right to seek [...]

2018-07-26T12:31:25+00:00December 20th, 2017|

The National Minimum Wage Bill, 2017 and the Proposed Amendments to the Basic Conditions of Employment Act, 2017

The National Minimum Wage Bill, 2017 and the Proposed Amendments to the Basic Conditions of Employment Act, 2017 On Friday, 17 November 2017 the Department of Labour published the National Minimum Wage Bill, 2017 (“the NMW Bill”) and the Basic Conditions of Employment Amendment Bill (“the BCEA Bill”) for public comment, pertinent aspects of [...]

2018-06-30T15:55:49+00:00November 27th, 2017|

When parties are in dispute about whether a strike is over

When parties are in dispute about whether a strike is over In the recent case of AMCU & Others v Australian Laboratory Services (Pty) Ltd (JS315/12, 1November 2017) the Labour Court was called upon to consider whether the dismissal of some 90 employees for their participation in an unprotected strike was fair. The Union [...]

2018-07-26T12:36:56+00:00November 20th, 2017|