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South Africa
Unfair/ Wrongful Dismissal
South Africa
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.
ENSafrica
The question as to what constitutes hearsay evidence and when it is admissible in arbitration proceedings in the CCMA
Abrahams & Gross Inc.
Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices.
ENSafrica
The concept of "constructive dismissal" has its roots in English law and was adopted by the Industrial Court in the course of the development of the labour law jurisprudence under the...
Schoemanlaw Inc.
In this #SchoemanLaw #LetsTalk Episode we discuss #RemovingDirectors. The Do's and Don'ts of terminating the employment or board relationship.
Werksmans Attorneys
This finding has been hailed as a victory for greater freedom from unlawful surveillance.
Werksmans Attorneys
Whether the termination of an employee's fixed term contract of employment, where such employee earns below the earnings threshold and is employed to perform work of a permanent nature, amounts to an unfair dismissal.
Kemp & Associates
In terms of section 18 of the Constitution of the Republic of South Africa, 1996 everyone has the right to freedom of association.
ENSafrica
Despite developments in our law over the years, it seems that parties to an arbitration still have misconceptions on whether or not hearsay evidence is admissible in arbitration proceedings
ENSafrica
There have been recent media reports regarding a Muslim woman, a member of the South African National Defence Force ("SANDF"),
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