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South Africa
Employment
Unfair/ Wrongful Dismissal
South Africa
ENSafrica
Arcelormittal South Africa ("AMSA") employed the employees as plant shop stewards.
Schoemanlaw Inc.
Employers need to ensure that they follow a procedurally and substantively fair process when conducting a Disciplinary Hearing. Employees also need to be aware of their rights to ensure ...
ENSafrica
The detrimental impact of the Coronavirus (COVID-19) and the nationwide lockdown has forced many employers to consider retrenchment in order to stay afloat.
ENSafrica
South African case law is replete with decisions where employees claim that they were unfairly dismissed because their employer failed to renew their fixed-term contracts.
ENSafrica
He argued that this constituted an automatically unfair dismissal in terms of the Labour Relations Act, 1995.
ENSafrica
Economists predict that the Coronavirus (COVID-19) pandemic will lead to retrenchments on an unprecedented scale on the back of an already weak economy.
Schoemanlaw Inc.
When the initial 21-day nationwide lock down was announced by President Cyril Ramaphosa in March 2020, the financial impact on South African Employers and Employees at that stage had not yet been evident to the extent that it is now as we enter the final days of what seemed to be the never ending month of April 2020.
Schoemanlaw Inc.
Employers, from large corporations to small to medium entrepreneurs and businesses have had no alternative but to implement short time work, reduce salaries, place Employees on unpaid leave as a no work no pay circumstance...
Schoemanlaw Inc.
South Africans are in a state of COVID-19 information overload and Employers and Employees alike are finding themselves in circumstances where information is either unreliable or presently...
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
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.
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
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...
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...
Schoemanlaw Inc.
It is the unfortunate state of affairs that sexual harassment in the workplace constantly rears its ugly head
Werksmans Attorneys
After the courts' guidance, it is now much clearer that not every failed negotiation, which leads to an employee being dismissed can result in an automatically unfair dismissal claim, and the scope for such remedy has been narrowed and explained.
ENSafrica
What is the proper remedy for an employee dismissed in violation of the terms of a contract of employment? This question has been answered in many disparate ways by our courts.
Werksmans Attorneys
Whether an employer is justified in dismissing employees carrying weapons during a protected strike.
Cliffe Dekker Hofmeyr
Our courts have often dealt with employees operating under the misconception that their social network sites are personal, private and detached from their employment.
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