Enforcing Restraints of Trade – a New Trend
A new trend is gaining traction, as the Courts adopt a more nuanced approach to balance the rights of the old employer on the one hand, and the employee on the other.
Author: Neil Coetzer
Posts by Neil Coetzer
Is a Picket and a Strike the Same Thing?
Strikes and picketing are two different concepts, regulated by different sections of the LRA.
Oil and Water – Navigating Incompatibility in the Workplace
The Labour Relations Act recognises misconduct, incapacity, and the employer’s operational requirements as legitimate grounds for dismissal. Section 213 of the Labour Relations Act 66 of 1995 (“the LRA”) defines operational requirements as the employer’s economic, technological, structural, or similar needs.
The pursuit of the hopeless case – the Labour Court gets tough
In recent months the Labour Court has signalled on more than one occasion that its processes are not to be abused by litigants. The Court’s articulation of this principle comes in response to an increasing number of meritless disputes which are being pursued or defended at the Labour Court. Such ‘hopeless’ cases create unnecessary delays in the adjudication of disputes, negatively impact on the Court, its judges and other litigants and prevent genuine disputes from being resolved timeously in accordance with the principle of expeditious dispute resolution espoused by the Labour Relations Act 66 of 1995, as amended (“the LRA”). We set out some of the pertinent issues in this recent development as they are particularly relevant to attorneys.
Union Representation in Labour Disputes – is the Position Now Settled?
We have previously written a series of articles dealing with the rights of a Union to represent employees in labour disputes as the Constitutional Court and Labour Appeal Court clarified the issues. In essence, the legal position until a few days ago permitted an employer to interrogate whether an employee is actually a member of a union in disputes related to collective bargaining issues, such as organisational rights, but not in circumstances where other disputes were being pursued, such as in an unfair dismissal case.
Degrees of Deception: Dealing With Fraudsters and Fakes in the Workplace
In August 2019 we wrote about the National Qualifications Framework Act (“the Act”) which had just been signed into law. Unfortunately, more than four years went by before the President quietly enacted (most of) its provisions on 13 October 2023.
When is a Workers Forum a Union?
Simunye Workers Forum v Registrar of Labour Relations (J1375/2022, 21 June 2023)
Unlawful Deductions – the Labour Court Giveth Back What the Employer Tried to Taketh Away
The payroll departments of large employers are understandably under significant pressure at month-end. With the dawn of technology, many aspects of the monthly salary run are automated. This works like a charm on a regular basis but can pose difficulties when employees embark on a strike.
Stop the Strike, Stop the Lock-out
South African employers and the general public are no strangers to strikes. The LRA makes it very easy to embark on a strike – once a dispute is declared by employees and it cannot be resolved, either through conciliation or within 30 days, the strike may commence after issuing a strike notice.
The (Almost) Inescapable Nature of Collective Agreements
The Labour Relations Act 66 of 1995 (“the LRA”) is largely premised on a power-play approach to collective bargaining. Industrial action manifests itself in two forms, employees can embark on strike action and employers can implement a lock-out. However, sections 65(1) and 65(3) contain crucial limitations on industrial action which, if contravened, will render that industrial action unlawful and unprotected.
