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Schoemanlaw Inc.
Constructive Dismissal is defined in Section 186 of the Labour Relations Act ("the Act") which sets out the meaning of dismissal in terms of the Act.
ENSafrica
In light of South African President Cyril Ramaphosa's speech on the country's response to the Coronavirus last night, there are a number of new questions that we anticipate will be plaguing employers.
Schoemanlaw Inc.
A contagious disease known as Coronavirus or COVID-19 ("the Virus") was first detected in China in December 2019 and has since regrettably spread worldwide. The World Health Organization ("the WHO")
ENSafrica
In view of the impending implementation of the Portable Gratuity Retirement Fund ("PRGF"), the Minister of Labour, Human Resource Development and Training...
ENSafrica
The right to strike is enshrined in section 23 of the South African Constitution and regulated in some detail in the Labour Relations Act, 1995 ("LRA").
Schoemanlaw Inc.
The recent ruling ("the ruling") by the Commission for Conciliation, Mediation and Arbitration ("the CCMA") which ordered an Employer to pay almost R12 million
Fasken
There is no doubt that gender inequality lies at the heart of most of the problems in our society. It is foundational to violence and abuse of women which is the focus of the 16 days of Activism.
ENSafrica
When dealing with a workplace issue, an employer should be careful to identify the problem in question correctly so that the appropriate steps are taken.
Schoemanlaw Inc.
Suspension of Employees is a common occurrence in the workplace. Accordingly, Employers should be aware of the correct processes and procedures which must be...
Werksmans Attorneys
Often employment law disputes at the Commission for Conciliation, Mediation and Arbitration ("the CCMA") or the Labour Courts are resolved by way of an award of compensation in favour of an aggrieved party.
Werksmans Attorneys
On 4 December 2018, the Labour Court in Johannesburg delivered judgment in the matter cited above.
Schoemanlaw Inc.
As the world's focus once again shifts to the west and its most recent and controversial presidential appointment, questions relating to border...
Werksmans Attorneys
The provisions in the Basic Conditions of Employment Act 75 of 1997 relating to parental, adoption and commissioning parental leave came into effect on 1 January 2020.
Werksmans Attorneys
Whether an act of dishonesty would lead to a breach in the trust relationship so as to render the continuation of employment intolerable.
Werksmans Attorneys
A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same...
Bowmans
Constitutional Court has confirmed the constitutionality of two key sections of the Labour Relations Act that are pertinent to employers contemplating retrenchments.
ENSafrica
Below, please find ENSafrica's Mining Indaba ENSight, covering trends and recent developments impacting South Africa's mining industry in the coming year; and the...
ENSafrica
Majoritarianism, South African courts have acknowledged, is the concept that the will of the majority is favoured over the will of the minority in serving the legislative purpose...
ENSafrica
On 17 January 2020, the Chief Inspector of Mines for the Mine Health and Safety Inspectorate of the Department of Mineral Resources and Energy issued new guidelines and guidance notes ...
Adams & Adams
For some time, section 27 of the Basic Conditions Employment Act ("BCEA") entitled employees to a minimum of four days of family responsibility leave ...
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