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....
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...
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...
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...
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...