Staying at home during a strike? Remember to tell your employer

Staying at home during a strike? Remember to tell your employer It is well-known that strikes in South Africa are routinely marred by violence and intimidation. It often happens that due to the violence, or the threat of violence, employees stay at home during a strike, claiming that they are too afraid to attend [...]

2019-01-31T09:11:40+00:00Jan 31st, 2019|

The Right to Fair Labour Practices – Employers are not Without Remedies

The Right to Fair Labour Practices – Employers are not Without Remedies Employers often complain that our employment laws are skewed in favour of employees. In support of their contention, they often point to the fact that employees are able to behave unfairly - and even criminally – with little or no consequence. As [...]

2019-01-15T07:48:25+00:00Jan 14th, 2019|

Dismissing for insubordination – The LAC gives clarity

Dismissing for insubordination – The LAC gives clarity In TMT Services and Supplies (Pty) Ltd v CCMA and 2 Others [JA32/2017] the Labour Appeal Court recently had occasion to clarify the issue of when dismissal would be appropriate for acts of insubordination. In this case, TMT Services and Supplies (Pty) Ltd (“the employer”), dismissed [...]

2018-11-27T08:28:30+00:00Nov 27th, 2018|

Implications of the constitutional court judgment decriminalising the recreational use of cannabis

Implications of the constitutional court judgment decriminalising the recreational use of cannabis Introduction On 18 September 2018 the Constitutional Court in Minister of Justice and Constitutional Development and Others v Prince (Clarke and Others Intervening) (CCT108/17) [2018] ZACC 30 (18 September 2018) handed down a unanimous judgment in favour of the private cultivation and/or [...]

2018-10-18T10:51:27+00:00Oct 18th, 2018|

Unfair Discrimination – What is the Burden of Proof?

Unfair Discrimination – What is the Burden of Proof? Introduction In the recent reportable case of Sasol Chemical Operations (Pty) Ltd v CCMA and others (29 August 2018) ZALCJHB 2680/16 the Labour Court evaluated the evidentiary burden placed on employees who contend that they have been subjected to unfair discrimination during their employment. The [...]

2018-09-20T11:17:45+00:00Sep 20th, 2018|

Employers must ponder the implications of the judgment on labour brokers

Image by Daily Maverick Employers must ponder the implications of the judgment on labour brokers There are various interpretations of the Constitutional Court’s judgment in this case, so employers need to get the facts right On 26 July 2018 the Constitutional Court in Assign Services (Pty) Limited v National Union of Metalworkers of [...]

2018-08-27T20:05:53+00:00Aug 25th, 2018|

Resolution of Class Action Equal Pay Disputes

Resolution of Class Action Equal Pay Disputes Introduction The insertion of the equal pay provisions into the Employment Equity Act in 2014 and the subsequent amendment of the Labour Relations Act in 2015 in respect of equal pay for labour broker employees, part-time employees and fixed-term employees have resulted in a litany of disputes [...]

2018-07-30T08:59:54+00:00Jul 26th, 2018|

Work permits, foreign employees and legal incapacity

Work permits, foreign employees and legal incapacity The law is clear that an employer may not employ a foreigner without a valid work visa. Section 38 of the Immigration Act 13 of 2002, as amended (“the Immigration Act”) precludes the employment of foreigners who do not have a valid work permit, whilst section 49(3) [...]

2018-07-26T12:12:40+00:00Jul 26th, 2018|

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+00:00Apr 19th, 2018|