Labour Law

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.

South African businesses must ensure they have a policy in place to deal with sexual harassment in the workplace and that this policy is effectively communicated and understood by all employees.

A disciplinary warning is an oral or written statement made by an employer informing the employee that his/her conduct or performance level is not acceptable and that any further failure to meet the required standards will result in stronger measures being taken. In this sense a warning is not a punishment. Instead it is a notification that punishment or other corrective measures could follow.

Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible. Some case law has given the impression that, in such circumstances, group dismissals may be justified. This impression has been given by two important cases; those involving Score Supermarkets and Snip Trading.

The Unemployment Insurance Fund exists to provide temporary financial assistance to individuals if they ever become employed. The fund follows a process in order to ensure that payments are made to beneficiaries.

South Africa’s Labour Relations Act of 1956 was replaced soon after the transition of government in the mid 1990s because it was considered to favour employers in the view of the new government and its trade union allies. By 1995 South Africa’s new constitution had entrenched labour law rights very strongly and the labour movement had become very strong.

Employers often hire staff on the basis of a fixed-term contract, thinking that this can make life easier for the employer. This is often not the case because, when they want to end the employment relationship, the pawpaw could hit the fan.

Very few workplace issues elicit as firmly held views or fears as the topic of constructive dismissal. Whether it is a manager, fearful of doing something wrong and at risk of an employee lodging the dreadful claim of constructive dismissal, or Harvey Spectre wannabes cascading their views on the legal impact of such a claim: say "constructive dismissal" and you have everyone's attention.

The Department of Labour is now urging employees to normalise applying for the Unemployment Insurance Fund (UIF) on time. 

Can you dismiss an employee who refuses to obey instructions? To answer this, we look at the case of Media Workers' Association of South Africa obo Hoohlo and others v SABC SOC Ltd.

While many individuals look forward to retirement and all it entails, some people want to continue working beyond retirement age. However, this could have legal implications that may allow an employer to terminate your contract once you’ve reached 60 years of age.

While the Basic Conditions of Employment Act stipulates four types of regulated leave to which employees are entitled – annual leave, sick leave, family responsibility leave and parental leave – employers may choose to offer their staff various other forms of leave which are not governed by legislation.

Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the requirements for rendering dismissals procedurally fair. Countless case law decisions have upheld this requirement.

Employees do not ordinarily have an automatic entitlement to a pay increase or to advancement up the corporate ladder. However, the Labour Relations Act (LRA) does allow employees who have been passed over for promotion to lodge an unfair labour practice dispute at the relevant bargaining council.