The Code of Good Practice: Dismissal, contained in Schedule 8 of the Labour Relations Act, is an indispensable tool in a chairperson’s or arbitrator’s toolbox. Over the past 23 years there were no significant amendments to this Code. On 22 January 2025, the Minister of Employment and Labour published a new draft Code. The public...Read More
Van Wyk & Others v The Minister of Labour & Others On 25 October 2023 the High Court of South Africa declared our parental leave laws unconstitutional to the extent that certain provisions of the Basic Conditions of Employment Act and the Unemployment Insurance Act: – Unfairly discriminate between mothers and fathers; Unfairly discriminate between...Read More
There is no need to fuss over the recent settlement agreement concluded between the trade union Solidarity and the South African government, represented by the Minister of Labour. Contrary to the widely publicised fuss, the settlement does not bring on any significant change to the implementation and enforcement of employment equity legislation in South Africa....Read More
The LRA provides the following remedies for an unfair dismissal: The employer to reinstate the employee on the same terms and conditions of employment before the dismissal. The employer to re-employ the employee, which may be on new terms and conditions of employment. The employer to pay compensation to the employee. If compensation is granted...Read More
For the few companies whose employees have managed to accumulate leave despite the past year of lockdowns and riots, it is prudent to undertake the exercise of monitoring leave accumulation. This can become a burdensome and onerous liability for an enterprise, if not managed appropriately. The catalyst of the debate over whether employees forfeit accumulated...Read More
Social media influences every facet of our daily lives, including the employment relationship. The right to freedom of expression and the right to privacy are popular defenses raised by employees in response to allegations of misconduct for making inappropriate remarks on social media platforms. The right to freedom of expression is derived from section 16...Read More
After 24 years of service, Ms Malukela (the employee) was dismissed over three boxes of chocolates. The employee was employed at Pick n Pay as an E-service manager. The position required the employee to operate a till and to train other cashiers on company policies and procedures, including those relating to returns, exchanges, and gifts....Read More
Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmarksgrove right at the coast of the Semantics, a large language ocean. A small rivernamed Duden flows by their place and supplies it with the necessary regelialia. It is a paradisematic country,...Read More
Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmarksgrove right at the coast of the Semantics, a large language ocean. A small rivernamed Duden flows by their place and supplies it with the necessary regelialia. It is a paradisematic country,...Read More
Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmarksgrove right at the coast of the Semantics, a large language ocean. A small rivernamed Duden flows by their place and supplies it with the necessary regelialia. It is a paradisematic country,...Read More
