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Explore our comprehensive articles on career insights and current trends. Empower yourself with knowledge to navigate legal challenges and make informed decisions.

‘Gotcha’ – Reinstated Employee Gets Backpay

A recent Constitutional Court case, Mavundla v Gotcha Security...

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Bitcoin and Other Crypto‑assets Are Neither “Currency” Nor “Capital”

Court rules crypto not “currency” or “capital” under SA...

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Can Allegations of Misconduct Constitute an Act of Defamation?

Workplace defamation may be excused if made in good...

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The Effect of the Budget 2025 on the Property Market

After a month’s delay, the Finance Minister presented his...

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Board Members Resigning en Masse: What Now?

In today’s complex corporate environment, mass resignations of board...

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Public Surveillance – a Breach of POPIA?

The De Jager v Netcare Limited case tests POPIA's...

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New Broom Sweeps Clean?

Commentary on the Draft Code of Good Practice on...

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Whiskey Business – Retrenchments and the Proportionality Principle

A recent judgment of the Labour Court involving retrenchments...

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Drawing the Line Between an Inherent Job Requirement and Discrimination

Determining whether an employee cannot comply with the inherent...

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Enforcing Restraints of Trade – a New Trend

A new trend is gaining traction, as the Courts...

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The Effect of Deregistration of A Legal Entity by CIPC on Bona Fide Third Parties

The Companies and Intellectual Properties Commission (“CIPC”) has placed...

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An Affair and Revenge Porn Gone Digitally Wrong

An Affair and Revenge Porn Gone Digitally Wrong: A...

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Is a Picket and a Strike the Same Thing?

Strikes and picketing are two different concepts, regulated by...

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Comparative Gap Analysis

South African AI Policy Framework (August 2024) v EU...

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Landmark Constitutional Court Ruling on the Conduit Principle & Capital Gains Tax

A Landmark Constitutional Court Ruling on the Conduit Principle...

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Oil and Water – Navigating Incompatibility in the Workplace

The Labour Relations Act recognises misconduct, incapacity, and the...

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M&A News

The Competition Commission of South Africa ("Commission") has recently...

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Rate Cuts May Result in Property Price Increases

Effect of possible rate cuts on the residential property...

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The Overlap Between the MPRDA and Section 189 of the LRA

Additional considerations: the overlap between the Mineral and Petroleum...

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The pursuit of the hopeless case – the Labour Court gets tough

In recent months the Labour Court has signalled on...

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From Disrespect to Dismissal – When is Insolence Dismissible

In employment law, disputes over dismissals highlight power dynamics...

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Unravelling Fake Medical Certificates in the Workplace

The recent case of Woolworths (Pty) Ltd v Maseko...

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Union Representation in Labour Disputes – is the Position Now Settled?

We have previously written a series of articles dealing...

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Correct or Reasonable? The Review Test for Constructive Dismissals

Laypersons resign from their employment and regularly claim that...

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Will the Narrowing of Restraints of Trade Become a More Likely Outcome?

In the recent case of Torrente and Another v...

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Legal Requirements for Applications to Reinstate Reviews

What are the legal requirements for applications to reinstate...

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Acting Positions and Permanent Appointment, the Test for Legitimate Expectation

The test as to whether an employee has a...

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New EEA Draft Regulations

Employment Equity Act: Key takeaways on the new Draft...

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Possession is Nine-tenths of the Law

The concept of a ‘home’ has received significant judicial...

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Degrees of Deception: Dealing With Fraudsters and Fakes in the Workplace

In August 2019 we wrote about the National Qualifications...

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Constructive Dismissal – the Importance of Disclosing Mental Ill Health as Soon as Possible

The classic test for constructive dismissal was revisited in...

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Cowan-Harper-Madikizela Attorneys Makes Best Lawyers 2024 List

Cowan Harper Madikizela is proud to announce that three...

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POPIA “Pops Up” in Employment Arbitrations

At the commencement of an arbitration in a recent...

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When is a Workers Forum a Union?

Simunye Workers Forum v Registrar of Labour Relations (J1375/2022,...

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Disclosing Directors’ Remuneration and Other Proposed Amendments to the Companies Act

The Department of Trade, Industry and Competition (“DTIC”) has...

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The Basics of Mora Interest

‘A tempore morae’ is a Latin phrase denoting the...

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EEA Roadshow Sheds Some Light on the Controversial Amendments

The controversial amendments to the Employment Equity Act (“EEA”)...

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Using Electronic Signatures – Are They Binding?

The Electronic Communications and Transactions Act 25 of 2002...

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Wherever I lay my hat…

The substantive provisions of the Prevention of Illegal Eviction...

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It is That Serious: Are You POPIA and PAIA Compliant?

The recent infringement fine issued by the Information Regulator...

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Unlawful Deductions – the Labour Court Giveth Back What the Employer Tried to Taketh Away

The payroll departments of large employers are understandably under...

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The Implications of the Employment Equity Amendment Bill – Sectoral Targets & Compliance Certificates

The purpose of the Employment Equity Act 55 of...

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Employers Are Entitled to Adopt Their Own Disciplinary Rules

Labour appeal court reaffirms that employers are entitled to...

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Stop the Strike, Stop the Lock-out

South African employers and the general public are no...

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What Constitutes a Defensive Lockout

An analysis of National Union of Metalworkers Of South...

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Arbitration Award: Conflicts of Interest

As there have been a number of queries raised...

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An Employer’s Non-compliance With Maternity Leave Rights Costs It R800,000

Judge Rabkin-Naicker handed down a reproving judgment in the...

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Greylisting Is “Not That Bad”…

Greylisting is “not that bad” – But little consideration...

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Restraint of Trade in the Teaching Profession: is There a Protectable Interest?

In Ashton International College Ballito (Pty) Ltd v Petrus...

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General Laws Amendment Act in Force Since 31 Dec. 2022 Withdrawn & Replaced

The General Laws (Anti-money Laundering & Combating Terrorism Financing)...

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Don’t Overlook the Importance of an Antenuptial Contract

Don’t Overlook the Importance of an Antenuptial Contract When...

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The (Almost) Inescapable Nature of Collective Agreements

The Labour Relations Act 66 of 1995 (“the LRA”)...

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Unsubstantiated Wage Demands Dealt With Hypothetically

Wage negotiations between employers and unions are theoretically straightforward...

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Discipline in Misconducts Related to Strikes

The economy of South Africa is in a parlous...

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High Court Condemns Abuse of Power by B-BBEE Commission

In the recent Pretoria High Court judgement of Sasol...

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Have We Done Enough to Avoid a Greylisting by the Financial Action Task Force

South Africa is on the precipice of a possible...

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The “Magic” of Mushrooms & Cannabis and the Implications for the Workplace

According to the World Health Organization Covid-19 triggered a...

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Promotions Reserved for the Articulate – Unfair Discrimination?

We recently wrote about the case of Damons v...

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ConCourt ‘Reinstates’ Common Purpose

We previously wrote about the judgment of National Union...

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Court Gives Saps a Tongue-lashing Over Its Inaction

The SAPS and the Minister of Police have been...

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Can You Get Out of a Settlement Agreement Signed at the CCMA?

A settlement agreement is a written agreement signed between...

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Conflicts of Interest Explained

‘Conflict of interest’ means different things to different people...

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Radio 702 Live Interview – 22 July 2022

Dominic Steyn and James Horn was interviewed on Radio...

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Waiver in the Context of Disciplinary Hearings

One of the primary objectives of the Labour Relations...

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What to Do in the Face of Syndicated Property Invasions

With the police inert, a skilled lawyer is a...

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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...

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Face Masks in Public Are Out – But What About the Workplace?

On 22 June 2022 the Minister of Health published...

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Tips and Advice on Becoming a Candidate Attorney

You're nearing the end of your LLB degree and...

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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...

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The More Things Change – Unilateral Changes & the Jurisdiction of the Labour Court

The status quo remedy available to employees or a...

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The Services of a Notary Public

While many believe that Notaries Public are needed predominantly...

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The Use of Trusts in Business Planning – The Trading Trust

South Africa has a long history of trusts being...

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The Fired Firefighter – The ConCourt Weighs In

Unfair discrimination of people with disabilities should be dealt...

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Unpacking POPIA at the Commission for Conciliation, Mediation and Arbitration

The Protection of Personal Information Act 4 of 2013...

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Legality Reviews by the State – the Labour Court Calls for Reform

It is trite that the Labour Court is inundated...

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Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace

The long-awaited Code of Good Practice on the Prevention...

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The Practicalities of the Property Practitioners Act

The Estate Agency Affairs Act has been repealed by...

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The Conundrum That Is Section 217 of the Constitution

Real economic transformation through black economic empowerment has put...

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Tread Carefully: Inter Company Loans, Guarantees or Company Credit Cards for Directors

Section 45 of the Companies Act: Tread carefully when...

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“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...

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The Beginning of Drastic Extension to the Laws of Liability?

Remington has just settled with the families of the...

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Copyright Troll Litigation – Some Considerations for Practitioners

There has recently been a spate of so-called ‘copyright...

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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...

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Agreements To Agree: When Pigs Fly

Parties to agreements often fall into the trap of...

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Defects and the ‘voetstoot’ Clause in Property Transactions

In our previous newsletter, we looked at the origin...

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If You Are Divorced Pay Your Maintenance!

In 1993 Simon and Jill Arcus divorced. They signed...

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CCMA Awards Are Not the Final Say on Mandatory Vaccinations

Last week saw the release by the CCMA of...

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New Directives from the Labour Court & Labour Appeal Court

Traditionally, service of documents in court proceedings has been...

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Newly formed municipalities must tackle productivity problems

A new broom sweeps clean, and this should be...

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Ownership Through Accessio

Our common law is based on Roman-Dutch law. But...

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Workplace Disharmony – What’s Love Got to Do with it?

Romantic relationships at the workplace, although intrinsically private, can...

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Interfering in union affairs – permissible and impermissible

The drafters of the Labour Relations Act 66 of...

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Leave me out of this – Dealing with employees who don’t want to testify

At some point during their employment, employees may be...

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NEW CCMA DIRECTIVE ON SECTION 138(5)(a) OF THE LRA

Steps to be taken by a commissioner when exercising...

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Interference at the workplace: The Labour Court Responds

As an employer could you imagine a scenario where,...

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Labour Market Ready for a Shake-up

A seemingly endless tide of legislation and regulation affecting...

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The Right to Strike Following a Refusal to Bargain Dispute

The drafters of the LRA chose, quite deliberately, not...

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What About PAIA? – a Private Body Perspective

In the rush to become compliant with the provisions...

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Employees by Day, Hooligans by Night

The scenes of looting and violence in both Kwa-Zulu...

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Unfairly Retrenched? When to Refer Your Dispute to the Labour Court for Adjudication

Recently the Labour Court of South Africa has in...

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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...

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Continuous Employment After Retirement

The law on what happens after an employee reaches...

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The Opportunist & Constructive Dismissal – What is the Breaking Point?

Employees are increasingly lodging unjustified grievances or resigning from...

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Common Purpose, Derivative Misconduct & Dismissal After Dunlop

The Constitutional Court recently in NUMSA obo Nganezi &...

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Employers Beware: Failure To Comply With S189 Can Be Expensive

Section 189 of the Labour Relations Act 66 of...

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The Duty Of Good Faith – Still The Cornerstone Of The Employment Relationship

The duty of good faith has, since time immemorial,...

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Working remotely or remotely working? Points to ponder for employers.

More than a year into the Covid-19 pandemic, some...

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Under pressure – Community Demands and Employer Responses

The Labour Relations Act 66 of 1995, as amended...

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Mandatory Workplace Vaccination Guidelines Published

On 11 June 2021 the Minister of Employment &...

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A Cautionary Tale To Municipalities – Power To The People Through The Courts

In recent times the South African legal sphere has...

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The Incompatibility Conundrum

Employees who cause disharmony in the workplace are often...

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Expeditious Resolution is the Name of the Game – Are We Winning?

The Labour Relations Act 66 of 1995, as amended...

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Sticks and stones (and golf clubs) will get you fired

Striking employees often, and regrettably, have in their possession...

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Note On Information Officers And Deputy Information Officers – POPI

The Protection of Personal Information Act 4 of 2013...

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Expropriation –Protecting Property Rights

The time period for comments to the Expropriation Bill...

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Bye Bye Secret Ballot Guidelines

The debate concerning the correct interpretation of the ‘secret...

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Protest action damages – can you claim in terms of COIDA?

Section 35(1) of the Compensation for Occupational Injuries and...

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Restraint of Trade Agreements: A Tale as Old as Time, Until Covid-19.

Over the years the Courts have issued a plethora...

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A real ‘whodunnit’ and the persistent polygraph problem!

Occasionally employers are faced with a situation where misconduct...

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NUMSA v Aveng Trident Steel

In NUMSA v Avent Trident Steel the Constitutional Court...

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The best approach to be adopted by employers on “compulsory” vaccinations for COVID-19

Clients have raised queries on whether they can order...

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Forum Shopping – the Constitutional Court (finally) settles the uncertainty

The uncertainty of whether a litigant is required to...

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Forfeiture of severance pay – “you snooze you lose”

The Labour Relations Act 66 of 1995, as amended...

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Not so fast – Suspending disorderly pickets in the Labour Court

In the recent judgment of Clover SA (Pty) Ltd...

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COVID-19 and the resurrection of the economy: New directions

As the damaged economy is slowly getting back on...

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Virtual trials – still the way of the future

The COVID-19 pandemic has caused the judiciary, which has...

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Labour Appeal Court clarifies the link between depression and misconduct

Depression in the workplace is becoming more prevalent as...

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Valid medical certificates – Clarity in the uncertainty

Employers are all too aware that section 23(2) of...

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The 2020 Employment Equity Amendment Bill – What you need to know

The latest draft of the Employment Equity Amendment Bill...

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“Get to the Front of the Line” – Litigating on breaches of obligations during lockdown

It is our experience that numerous parties have been...

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Can an employer exclude vicarious liability by agreement?

The concept of vicarious liability has received increased judicial...

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I just called to say I’m sorry – restructuring during “the new normal”

Despite the gradual upliftment of the national Lockdown, Covid-19...

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Technical points and the true nature of a dispute – The ConCourt weighs in (again)

The issue of having the true nature of a...

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Implied terms in an agreement – Force Majeure

In our earlier communication about force majeure, we advised...

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Are employers obliged to save jobs through s189 of the LRA?

At the time of writing, the extended period of...

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Incapacitated by the Lockdown – Exploring the possibility of temporary legal incapacity

The National Lockdown imposed by Government in terms of...

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Can Unions ignore their Constitutions when recruiting members – The Constitutional Court settles the debate

Unions often emerge in specific sectors, in response to...

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Understanding Force Majeure

By now we are certain that you have all...

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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...

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Returning to work after a lockdown – Some practical considerations for employment relations

The start of a new decade was welcomed by...

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Employers must brace for more uncertainty and disputes

Employment lawyers have been extremely busy since the President...

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High stakes, low thresholds – Dismissing senior managers for poor work performance

Employers are often cautious when seeking to discipline senior...

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Labour Court awards compensation to employer after unprotected strike

The Labour Relations Act 66 of 1995, as amended...

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Section 197 & the endurance of a restraint of trade agreement

In the recent case of Waco Africa (Pty) Limited...

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Constitutional Court finds no fault with retrenchment consultations

We recently wrote about the difficulties inherent in identifying...

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The Vexatious Litigant & Review Applications

It has become a trend for employees whose dismissals...

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Expropriation without compensation- what you need to know

One of the cornerstones of the Constitution of the...

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The Labour Court disposes of another hopeless case (and sanctions the attorneys)

On 17 October 2019, the Labour Court was faced...

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Fake qualifications can lead to large claims for damages

Employers are increasingly finding that employees, particularly those in...

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Unions’ Wage Demand Irrational and Absurd

Given the financial circumstances of SAA and the fact...

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Vicarious liability – An employer’s worst nightmare

The concept of vicarious liability remains an elusive concept...

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Damned if you Do and Damned if you Don’t – An Employer’s Conundrum

Employers often find themselves in an arduous position when...

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Paternity leave implementation date is imminent – are you ready?

On 27 November 2018 the President signed the Labour...

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Watching What You Say Will Keep the Dismissal Away

Section 16 of the Constitution of the Republic of...

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LAC confirms that disciplinary charges are not criminal charges

Employers’ disciplinary processes and procedures are often steeped in...

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Fraudulent qualifications – What employers need to know about the NQF amendment act

On 19 August 2019, President Cyril Ramaphosa signed into...

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The Constitutional Court restricts the use of derivative misconduct

he concept of derivative misconduct has received a great...

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The Zondo Commission – Where to from here?

The question on everyone’s mind is – will there...

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New Ruling may remove a Commissioner’s discretion to grant legal representation at CCMA

According to Rule 25 of the Rules for the...

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Strike violence too easily tolerated and must be outlawed

The recent strike at Sibanye once again highlighted the...

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Amendments to LRA create a new basis for strike interdicts

On 20 March 2019, the Labour Court handed down...

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Time to Bail Out? – Dismissal for “Operational Incapacity”

Employers are increasingly confronted with absenteeism owing to the...

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Obstruction through construction – A commuter’s nightmare

How many times have you sat in traffic with...

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Dead men tell no tales – but can they be reinstated?

It is trite in employment law that reinstatement is...

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Staying at home during a strike? Remember to tell your employer

It is well-known that strikes in South Africa are...

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The Right to Fair Labour Practices – Employers are not Without Remedies

Employers often complain that our employment laws are skewed...

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Dismissing for insubordination – The LAC gives clarity

In TMT Services and Supplies (Pty) Ltd v CCMA...

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Implications of the constitutional court judgment decriminalising the recreational use of cannabis

On 18 September 2018 the Constitutional Court in Minister...

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Unfair Discrimination – What is the Burden of Proof?

In the recent reportable case of Sasol Chemical Operations...

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Employers must ponder the implications of the judgment on labour brokers

There are various interpretations of the Constitutional Court’s judgment...

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Resolution of Class Action Equal Pay Disputes

The insertion of the equal pay provisions into the...

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Work permits, foreign employees and legal incapacity

The law is clear that an employer may not...

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Are you prepared to lie to get a job?

It is well established that an employer must be...

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What do the Courts say about the reinstatement of violent strikers?

Strike violence amounts to the abuse of the right...

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Identifying Consulting Parties in Terms of Section 189(1) of the LRA

Employers are often uncertain as to who they should...

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An Apple a Day? Dishonesty and the Employer’s Onus in Dismissal Disputes

In the recent case of Compass Group Southern Africa...

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Foreign Nationals & Affirmative Action

As a result of the socio-economic situation in South...

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Bridging the Gender Pay Gap – The Labour Court’s Response

South African gender pay gap statistics indicate that South...

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Duty to Act in Employer’s Best Interest

As a general principle of common law, it is...

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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...

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When Parties are in Dispute About Whether a Strike is Over

In the recent case of AMCU & Others v...

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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...

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Avoid Conflicts of Interest with Your Employer

In the recent case of City of Cape Town...

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Mutual Separation Agreements are Valid and Binding- Constitutional Court

In Gbenga-Oluwatoye v Reckitt Benckiser South Africa (Pty) Limited...

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Employees’ Fate for Failure to Pass Regulatory Examinations Determined by the Labour Court

The implementation of the Financial Advisory Intermediary Services Act...

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