Labour Law


In the case of Enever v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd, Labour Appeal Court (LAC) had to determine whether the Constitutional Court's decision in Minister of Justice and Constitutional Development and Others v Prince (Prince), in which the Court decided that the criminal prohibition of the cultivation, possession and use of Cannabis in one's own home is a violation of the right to privacy, would have any effect on workplace discipline following a positive cannabis test. 

There are several unfair methods that might be used at disciplinary hearings, appeal hearings and arbitration hearings. These unsavoury tactics include the falsification of documents, the influencing of witnesses, illegal entrapment, coercing employees to make admissions or confessions and tampering with audio and video tapes. 

South African law does not allow employers to sue employees at the CCMA or Labour courts. In fact, it is clear that labour legislation and its enforcement structures are there to protect employees, often at the cost of employers.

The Labour Relations Act provides for fixed-term employees to have a reasonable expectation of renewal of their contracts at the expiry date. In addition, the Act, together with case law has narrowed those circumstances under which an employment agreement can legitimately be accepted as a limited duration contract. 

Breast milk has long been acknowledged as nature’s perfect food for infants. Its unique properties continue to benefit children long after their mothers have stopped breastfeeding.

It is a major challenge for employers to distinguish between employees who are genuinely sick from those who are malingering. The Labour Relations Act (LRA) requires that employer’s may consider dismissing employees incapacitated by illness or injury only as a last resort. 

Important labour legislation applies to circumstances where a business or part thereof is transferred by one employer to another as a going concern. That is, section 197 of the Labour Relations Act (LRA) forces the new entity to take over all the employees of the old undertaking. 

It is well known that South Africa’s Constitution, the Equality act and the Employment Equity Act, all render racism unlawful. Despite this powerful and well publicised legislation and society’s repugnancy for racist behaviour, the biases and unfair discrimination that characterised the ‘old South Africa’ still exist in the hearts and minds of many people.

Unemployment can be a huge burden depending on its underlying circumstances, lodging a UIF claim is thus the best course of action provided you are a registered contributor. But what do you do when your claim is rejected?

The ability to get away with breaking the law has encouraged many employers to mistreat undocumented foreign people employed by them. That is, employers have paid illegal immigrants low wages, deprived them of employee benefits and have dismissed them at will.

The Unemployment Insurance Fund (UIF) in South Africa provides essential short-term financial assistance to individuals facing various employment-related circumstances. 

The Labour Relations Act (LRA) provides for employees who have been passed over for promotion to lodge an unfair labour practice dispute at the CCMA or at the relevant bargaining council. 

Often, when an employee has to stop working due to injury or illness, they may have to go without earning an income for the time period. Luckily, becoming ill or injured while at work can lead to you, as an employee, gaining some compensation. 

When most people think of careers one could pursue with a Bachelor of Laws (LLB) degree, the obvious ones that spring to mind are traditional law jobs, such as working as attorneys and advocates. However, according to Prof Philip Stoop, head of the STADIO School of Law, there are many other career options available to law graduates.

The Unemployment Insurance Fund is a government fund that offers financial assistance to individuals who have lost their jobs and income due to various circumstances. If you find yourself recently retrenched or terminated, you may be eligible for a UIF payout.

South African law provides heavy protection for pregnant employees, and does so via numerous pieces of legislation. 

Investigation of misconduct allegations is a crucial step in legally acceptable disciplinary action and cannot be bypassed. However, employers often fail to investigate allegations of misconduct or poor performance because they are busy, because of feelings of anger towards the employee or due to ignorance of the labour law pertaining to disciplinary process.

On 21 February 2021, the Labour Appeal Court in Wheelwright v CP de Leeuw Johannesburg (Pty) Ltd (2023) 44 ILJ 767 (LAC) found against an employer who sought to enforce a restraint of trade on the grounds that the wording of the liability clause in the settlement agreement was wide enough to expunge any other claims arising from the employee's employment.  

If you take a sick day so you can have a fun day, you're committing fraud and can lose your job. 

The purpose of workplace disciplinary hearings is to enable the chairperson of the hearing to hear, from both sides and evidence relating to the charges against the employee.




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