‘Gotcha’ – Reinstated Employee Gets Backpay
A recent Constitutional Court case, Mavundla v Gotcha Security...
Bitcoin and Other Crypto‑assets Are Neither “Currency” Nor “Capital”
Court rules crypto not “currency” or “capital” under SA...
Can Allegations of Misconduct Constitute an Act of Defamation?
Workplace defamation may be excused if made in good...
The Effect of the Budget 2025 on the Property Market
After a month’s delay, the Finance Minister presented his...
Board Members Resigning en Masse: What Now?
In today’s complex corporate environment, mass resignations of board...
Public Surveillance – a Breach of POPIA?
The De Jager v Netcare Limited case tests POPIA's...
Whiskey Business – Retrenchments and the Proportionality Principle
A recent judgment of the Labour Court involving retrenchments...
Drawing the Line Between an Inherent Job Requirement and Discrimination
Determining whether an employee cannot comply with the inherent...
Enforcing Restraints of Trade – a New Trend
A new trend is gaining traction, as the Courts...
The Effect of Deregistration of A Legal Entity by CIPC on Bona Fide Third Parties
The Companies and Intellectual Properties Commission (“CIPC”) has placed...
An Affair and Revenge Porn Gone Digitally Wrong
An Affair and Revenge Porn Gone Digitally Wrong: A...
Is a Picket and a Strike the Same Thing?
Strikes and picketing are two different concepts, regulated by...
Landmark Constitutional Court Ruling on the Conduit Principle & Capital Gains Tax
A Landmark Constitutional Court Ruling on the Conduit Principle...
Oil and Water – Navigating Incompatibility in the Workplace
The Labour Relations Act recognises misconduct, incapacity, and the...
Rate Cuts May Result in Property Price Increases
Effect of possible rate cuts on the residential property...
The Overlap Between the MPRDA and Section 189 of the LRA
Additional considerations: the overlap between the Mineral and Petroleum...
The pursuit of the hopeless case – the Labour Court gets tough
In recent months the Labour Court has signalled on...
From Disrespect to Dismissal – When is Insolence Dismissible
In employment law, disputes over dismissals highlight power dynamics...
Unravelling Fake Medical Certificates in the Workplace
The recent case of Woolworths (Pty) Ltd v Maseko...
Union Representation in Labour Disputes – is the Position Now Settled?
We have previously written a series of articles dealing...
Correct or Reasonable? The Review Test for Constructive Dismissals
Laypersons resign from their employment and regularly claim that...
Will the Narrowing of Restraints of Trade Become a More Likely Outcome?
In the recent case of Torrente and Another v...
Legal Requirements for Applications to Reinstate Reviews
What are the legal requirements for applications to reinstate...
Acting Positions and Permanent Appointment, the Test for Legitimate Expectation
The test as to whether an employee has a...
Possession is Nine-tenths of the Law
The concept of a ‘home’ has received significant judicial...
Degrees of Deception: Dealing With Fraudsters and Fakes in the Workplace
In August 2019 we wrote about the National Qualifications...
Constructive Dismissal – the Importance of Disclosing Mental Ill Health as Soon as Possible
The classic test for constructive dismissal was revisited in...
Cowan-Harper-Madikizela Attorneys Makes Best Lawyers 2024 List
Cowan Harper Madikizela is proud to announce that three...
POPIA “Pops Up” in Employment Arbitrations
At the commencement of an arbitration in a recent...
When is a Workers Forum a Union?
Simunye Workers Forum v Registrar of Labour Relations (J1375/2022,...
Disclosing Directors’ Remuneration and Other Proposed Amendments to the Companies Act
The Department of Trade, Industry and Competition (“DTIC”) has...
EEA Roadshow Sheds Some Light on the Controversial Amendments
The controversial amendments to the Employment Equity Act (“EEA”)...
Using Electronic Signatures – Are They Binding?
The Electronic Communications and Transactions Act 25 of 2002...
Wherever I lay my hat…
The substantive provisions of the Prevention of Illegal Eviction...
It is That Serious: Are You POPIA and PAIA Compliant?
The recent infringement fine issued by the Information Regulator...
Unlawful Deductions – the Labour Court Giveth Back What the Employer Tried to Taketh Away
The payroll departments of large employers are understandably under...
The Implications of the Employment Equity Amendment Bill – Sectoral Targets & Compliance Certificates
The purpose of the Employment Equity Act 55 of...
Employers Are Entitled to Adopt Their Own Disciplinary Rules
Labour appeal court reaffirms that employers are entitled to...
Stop the Strike, Stop the Lock-out
South African employers and the general public are no...
What Constitutes a Defensive Lockout
An analysis of National Union of Metalworkers Of South...
Arbitration Award: Conflicts of Interest
As there have been a number of queries raised...
An Employer’s Non-compliance With Maternity Leave Rights Costs It R800,000
Judge Rabkin-Naicker handed down a reproving judgment in the...
Greylisting Is “Not That Bad”…
Greylisting is “not that bad” – But little consideration...
Restraint of Trade in the Teaching Profession: is There a Protectable Interest?
In Ashton International College Ballito (Pty) Ltd v Petrus...
General Laws Amendment Act in Force Since 31 Dec. 2022 Withdrawn & Replaced
The General Laws (Anti-money Laundering & Combating Terrorism Financing)...
Don’t Overlook the Importance of an Antenuptial Contract
Don’t Overlook the Importance of an Antenuptial Contract When...
The (Almost) Inescapable Nature of Collective Agreements
The Labour Relations Act 66 of 1995 (“the LRA”)...
Unsubstantiated Wage Demands Dealt With Hypothetically
Wage negotiations between employers and unions are theoretically straightforward...
Discipline in Misconducts Related to Strikes
The economy of South Africa is in a parlous...
High Court Condemns Abuse of Power by B-BBEE Commission
In the recent Pretoria High Court judgement of Sasol...
Have We Done Enough to Avoid a Greylisting by the Financial Action Task Force
South Africa is on the precipice of a possible...
The “Magic” of Mushrooms & Cannabis and the Implications for the Workplace
According to the World Health Organization Covid-19 triggered a...
Promotions Reserved for the Articulate – Unfair Discrimination?
We recently wrote about the case of Damons v...
ConCourt ‘Reinstates’ Common Purpose
We previously wrote about the judgment of National Union...
Court Gives Saps a Tongue-lashing Over Its Inaction
The SAPS and the Minister of Police have been...
Can You Get Out of a Settlement Agreement Signed at the CCMA?
A settlement agreement is a written agreement signed between...
Conflicts of Interest Explained
‘Conflict of interest’ means different things to different people...
Radio 702 Live Interview – 22 July 2022
Dominic Steyn and James Horn was interviewed on Radio...
Waiver in the Context of Disciplinary Hearings
One of the primary objectives of the Labour Relations...
What to Do in the Face of Syndicated Property Invasions
With the police inert, a skilled lawyer is a...
The Anniversary of the Enforcement of Protection of Personal Information Act 4 of 2013 (“POPIA”) – Prosecutions Pendings
1 July 2022 marked the one year anniversary of...
Face Masks in Public Are Out – But What About the Workplace?
On 22 June 2022 the Minister of Health published...
Tips and Advice on Becoming a Candidate Attorney
You're nearing the end of your LLB degree and...
Directors Face Personal Liability When They Fail to Disclose That Their Company Is in Financial Distress
Unfortunately, a lot of sectors are facing dire straits...
The More Things Change – Unilateral Changes & the Jurisdiction of the Labour Court
The status quo remedy available to employees or a...
The Services of a Notary Public
While many believe that Notaries Public are needed predominantly...
The Use of Trusts in Business Planning – The Trading Trust
South Africa has a long history of trusts being...
The Fired Firefighter – The ConCourt Weighs In
Unfair discrimination of people with disabilities should be dealt...
Unpacking POPIA at the Commission for Conciliation, Mediation and Arbitration
The Protection of Personal Information Act 4 of 2013...
Legality Reviews by the State – the Labour Court Calls for Reform
It is trite that the Labour Court is inundated...
Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace
The long-awaited Code of Good Practice on the Prevention...
The Practicalities of the Property Practitioners Act
The Estate Agency Affairs Act has been repealed by...
The Conundrum That Is Section 217 of the Constitution
Real economic transformation through black economic empowerment has put...
Tread Carefully: Inter Company Loans, Guarantees or Company Credit Cards for Directors
Section 45 of the Companies Act: Tread carefully when...
“You look like you taste nice in bed” – The Realisation of Equality in a Non-Racial and Non-Sexist Workplace
In the recent case of Ekurhuleni Metropolitan Municipality v...
The Beginning of Drastic Extension to the Laws of Liability?
Remington has just settled with the families of the...
Copyright Troll Litigation – Some Considerations for Practitioners
There has recently been a spate of so-called ‘copyright...
The Gender Based Violence Bills and Their Objectives to Curb Gender Based Violence in South Africa
Three amendment bills have been passed by South Africa's...
Defects and the ‘voetstoot’ Clause in Property Transactions
In our previous newsletter, we looked at the origin...
If You Are Divorced Pay Your Maintenance!
In 1993 Simon and Jill Arcus divorced. They signed...
CCMA Awards Are Not the Final Say on Mandatory Vaccinations
Last week saw the release by the CCMA of...
New Directives from the Labour Court & Labour Appeal Court
Traditionally, service of documents in court proceedings has been...
Newly formed municipalities must tackle productivity problems
A new broom sweeps clean, and this should be...
Workplace Disharmony – What’s Love Got to Do with it?
Romantic relationships at the workplace, although intrinsically private, can...
Interfering in union affairs – permissible and impermissible
The drafters of the Labour Relations Act 66 of...
Leave me out of this – Dealing with employees who don’t want to testify
At some point during their employment, employees may be...
NEW CCMA DIRECTIVE ON SECTION 138(5)(a) OF THE LRA
Steps to be taken by a commissioner when exercising...
Interference at the workplace: The Labour Court Responds
As an employer could you imagine a scenario where,...
Labour Market Ready for a Shake-up
A seemingly endless tide of legislation and regulation affecting...
The Right to Strike Following a Refusal to Bargain Dispute
The drafters of the LRA chose, quite deliberately, not...
What About PAIA? – a Private Body Perspective
In the rush to become compliant with the provisions...
Employees by Day, Hooligans by Night
The scenes of looting and violence in both Kwa-Zulu...
Unfairly Retrenched? When to Refer Your Dispute to the Labour Court for Adjudication
Recently the Labour Court of South Africa has in...
Can the ability to speak a specific language or being of a specific nationality be an inherent requirement of a job?
In the recent case of De Bruyn vs Metorex...
Continuous Employment After Retirement
The law on what happens after an employee reaches...
The Opportunist & Constructive Dismissal – What is the Breaking Point?
Employees are increasingly lodging unjustified grievances or resigning from...
Common Purpose, Derivative Misconduct & Dismissal After Dunlop
The Constitutional Court recently in NUMSA obo Nganezi &...
Employers Beware: Failure To Comply With S189 Can Be Expensive
Section 189 of the Labour Relations Act 66 of...
The Duty Of Good Faith – Still The Cornerstone Of The Employment Relationship
The duty of good faith has, since time immemorial,...
Working remotely or remotely working? Points to ponder for employers.
More than a year into the Covid-19 pandemic, some...
Under pressure – Community Demands and Employer Responses
The Labour Relations Act 66 of 1995, as amended...
Mandatory Workplace Vaccination Guidelines Published
On 11 June 2021 the Minister of Employment &...
A Cautionary Tale To Municipalities – Power To The People Through The Courts
In recent times the South African legal sphere has...
The Incompatibility Conundrum
Employees who cause disharmony in the workplace are often...
Expeditious Resolution is the Name of the Game – Are We Winning?
The Labour Relations Act 66 of 1995, as amended...
Sticks and stones (and golf clubs) will get you fired
Striking employees often, and regrettably, have in their possession...
Note On Information Officers And Deputy Information Officers – POPI
The Protection of Personal Information Act 4 of 2013...
Expropriation –Protecting Property Rights
The time period for comments to the Expropriation Bill...
Bye Bye Secret Ballot Guidelines
The debate concerning the correct interpretation of the ‘secret...
Protest action damages – can you claim in terms of COIDA?
Section 35(1) of the Compensation for Occupational Injuries and...
Restraint of Trade Agreements: A Tale as Old as Time, Until Covid-19.
Over the years the Courts have issued a plethora...
A real ‘whodunnit’ and the persistent polygraph problem!
Occasionally employers are faced with a situation where misconduct...
The best approach to be adopted by employers on “compulsory” vaccinations for COVID-19
Clients have raised queries on whether they can order...
Forum Shopping – the Constitutional Court (finally) settles the uncertainty
The uncertainty of whether a litigant is required to...
Forfeiture of severance pay – “you snooze you lose”
The Labour Relations Act 66 of 1995, as amended...
Not so fast – Suspending disorderly pickets in the Labour Court
In the recent judgment of Clover SA (Pty) Ltd...
COVID-19 and the resurrection of the economy: New directions
As the damaged economy is slowly getting back on...
Virtual trials – still the way of the future
The COVID-19 pandemic has caused the judiciary, which has...
Labour Appeal Court clarifies the link between depression and misconduct
Depression in the workplace is becoming more prevalent as...
Valid medical certificates – Clarity in the uncertainty
Employers are all too aware that section 23(2) of...
The 2020 Employment Equity Amendment Bill – What you need to know
The latest draft of the Employment Equity Amendment Bill...
“Get to the Front of the Line” – Litigating on breaches of obligations during lockdown
It is our experience that numerous parties have been...
Can an employer exclude vicarious liability by agreement?
The concept of vicarious liability has received increased judicial...
I just called to say I’m sorry – restructuring during “the new normal”
Despite the gradual upliftment of the national Lockdown, Covid-19...
Technical points and the true nature of a dispute – The ConCourt weighs in (again)
The issue of having the true nature of a...
Implied terms in an agreement – Force Majeure
In our earlier communication about force majeure, we advised...
Are employers obliged to save jobs through s189 of the LRA?
At the time of writing, the extended period of...
Incapacitated by the Lockdown – Exploring the possibility of temporary legal incapacity
The National Lockdown imposed by Government in terms of...
Can Unions ignore their Constitutions when recruiting members – The Constitutional Court settles the debate
Unions often emerge in specific sectors, in response to...
Do away with salary increases – How financially distressed companies can mitigate liquidity problems during the Coronavirus pandemic
The phenomenon and practice of annual salary reviews by...
Returning to work after a lockdown – Some practical considerations for employment relations
The start of a new decade was welcomed by...
Employers must brace for more uncertainty and disputes
Employment lawyers have been extremely busy since the President...
High stakes, low thresholds – Dismissing senior managers for poor work performance
Employers are often cautious when seeking to discipline senior...
Labour Court awards compensation to employer after unprotected strike
The Labour Relations Act 66 of 1995, as amended...
Section 197 & the endurance of a restraint of trade agreement
In the recent case of Waco Africa (Pty) Limited...
Constitutional Court finds no fault with retrenchment consultations
We recently wrote about the difficulties inherent in identifying...
The Vexatious Litigant & Review Applications
It has become a trend for employees whose dismissals...
Expropriation without compensation- what you need to know
One of the cornerstones of the Constitution of the...
The Labour Court disposes of another hopeless case (and sanctions the attorneys)
On 17 October 2019, the Labour Court was faced...
Fake qualifications can lead to large claims for damages
Employers are increasingly finding that employees, particularly those in...
Unions’ Wage Demand Irrational and Absurd
Given the financial circumstances of SAA and the fact...
Vicarious liability – An employer’s worst nightmare
The concept of vicarious liability remains an elusive concept...
Damned if you Do and Damned if you Don’t – An Employer’s Conundrum
Employers often find themselves in an arduous position when...
Paternity leave implementation date is imminent – are you ready?
On 27 November 2018 the President signed the Labour...
Watching What You Say Will Keep the Dismissal Away
Section 16 of the Constitution of the Republic of...
LAC confirms that disciplinary charges are not criminal charges
Employers’ disciplinary processes and procedures are often steeped in...
Fraudulent qualifications – What employers need to know about the NQF amendment act
On 19 August 2019, President Cyril Ramaphosa signed into...
The Constitutional Court restricts the use of derivative misconduct
he concept of derivative misconduct has received a great...
The Zondo Commission – Where to from here?
The question on everyone’s mind is – will there...
New Ruling may remove a Commissioner’s discretion to grant legal representation at CCMA
According to Rule 25 of the Rules for the...
Strike violence too easily tolerated and must be outlawed
The recent strike at Sibanye once again highlighted the...
Amendments to LRA create a new basis for strike interdicts
On 20 March 2019, the Labour Court handed down...
Time to Bail Out? – Dismissal for “Operational Incapacity”
Employers are increasingly confronted with absenteeism owing to the...
Obstruction through construction – A commuter’s nightmare
How many times have you sat in traffic with...
Dead men tell no tales – but can they be reinstated?
It is trite in employment law that reinstatement is...
Staying at home during a strike? Remember to tell your employer
It is well-known that strikes in South Africa are...
The Right to Fair Labour Practices – Employers are not Without Remedies
Employers often complain that our employment laws are skewed...
Dismissing for insubordination – The LAC gives clarity
In TMT Services and Supplies (Pty) Ltd v CCMA...
Implications of the constitutional court judgment decriminalising the recreational use of cannabis
On 18 September 2018 the Constitutional Court in Minister...
Unfair Discrimination – What is the Burden of Proof?
In the recent reportable case of Sasol Chemical Operations...
Employers must ponder the implications of the judgment on labour brokers
There are various interpretations of the Constitutional Court’s judgment...
Resolution of Class Action Equal Pay Disputes
The insertion of the equal pay provisions into the...
Work permits, foreign employees and legal incapacity
The law is clear that an employer may not...
Are you prepared to lie to get a job?
It is well established that an employer must be...
What do the Courts say about the reinstatement of violent strikers?
Strike violence amounts to the abuse of the right...
Identifying Consulting Parties in Terms of Section 189(1) of the LRA
Employers are often uncertain as to who they should...
An Apple a Day? Dishonesty and the Employer’s Onus in Dismissal Disputes
In the recent case of Compass Group Southern Africa...
Foreign Nationals & Affirmative Action
As a result of the socio-economic situation in South...
Bridging the Gender Pay Gap – The Labour Court’s Response
South African gender pay gap statistics indicate that South...
The National Minimum Wage Bill, 2017 and the Proposed Amendments to the Basic Conditions of Employment Act, 2017
On Friday, 17 November 2017 the Department of Labour...
When Parties are in Dispute About Whether a Strike is Over
In the recent case of AMCU & Others v...
Where to for Labour Brokers – Third Option for Constitutional Court by ‘Deeming’ Section 198A(3) Unconstitutional.
The purpose of this article is to discuss whether...
Avoid Conflicts of Interest with Your Employer
In the recent case of City of Cape Town...
Mutual Separation Agreements are Valid and Binding- Constitutional Court
In Gbenga-Oluwatoye v Reckitt Benckiser South Africa (Pty) Limited...
Employees’ Fate for Failure to Pass Regulatory Examinations Determined by the Labour Court
The implementation of the Financial Advisory Intermediary Services Act...
