Werksmans Attorneys

Advertisement

werksmans attorneysWerksmans Attorneys is a leading corporate and commercial law firm which specialises in more than 22 diverse areas of law across a wide range of sectors. This law firm has more than 100-years of experience and expertise. 

They have received a variety of local and international marketplace accolades such as being ranked in the Chambers’ Global ranking for The World’s Leading Lawyers for Business, being a part of the IFLR1000 World’s Leading Financial Law Firms as well as the Legal 500.

Connect with Werksmans on their website, LinkedIn, Twitter and Facebook.

Werksmans Attorneys' Articles:


Customer loyalty programmes have exploded in popularity, enticing consumers with points for everyday actions—swiping a credit card, hitting the gym, or making a purchase.


In the recent case of SMD Technologies (Pty) Ltd v Tavares and Another ([2024] ZALCJHB 546), the Labour Court reaffirmed the enforceability of restraint of trade agreements in South African employment law, emphasizing the necessity for such restraints to be reasonable and to protect legitimate business interests.


The recent Labour Court decision in Nelson Mandela Bay Municipality v SAMWU obo Bukula and Others (PR174/2023) provides a sobering reminder of the importance of calculating statutory timeframes with precision—particularly in the context of unfair labour practice disputes.


Ever thought outsourcing was a simple solution? A way to streamline operations and cut costs? Think again. 


As a result of slow economic growth, high interest rates and the soaring cost of living, many South African households have had to rely on credit to make ends meet.


The rapid integration and adoption of artificial intelligence (AI) across various industries and sectors is transforming the way businesses operate, driving efficiency, innovation and cost savings and with its prolific progress. 


On 17 February 2025, the Department of Employment and Labour (DoEL), held a virtual meeting where various stakeholders and industry players met to discuss and engage on, inter alia, the employment equity sector targets for the Professional, Scientific and Technical Sector. 


With effect from 1 March 2025, the national minimum wage will be adjusted to R28.79 for each ordinary hour worked. This marks an increase of 4.39% from R27.58 in 2024.  This adjusted national minimum wage applies equally to farm workers and domestic workers, who until 2022 had a differentiated national minimum wage.


Section 186 of the Labour Relations Act, 66 of 19965 ("LRA") is a foundational section of South African labour legislation insofar as it sets out what it means for an employee to be dismissed, and when conduct on the part of an employer will constitute an unfair labour practice.


In National Union of Metalworkers of South Africa obo Nyawuza / PFG Building Glass [2024] 6 BALR 595 (NBCCI), the National Bargaining Council for the Chemical Industry (NBCCI) considered an unfair dismissal dispute concerning an employee who was dismissed for misconduct after testing positive for the presence of cannabis in his system.


The President of the Republic of South Africa has recently proclaimed that the Employment Equity Amendment Act No.4 of 2022 (EEAA) shall come into operation on 1 January 2025.


In National Union of Public Service and Allied Workers obo Cesiko / South African Human Rights Commission [2024] 8 BALR 869 (CCMA), the Commission for Conciliation, Mediation and Arbitration (CCMA) considered whether withholding an employee’s salary and allowances amounted to an unfair labour practice dispute in terms of section 186(2)(a) of the Labour Relations Act 66 of 1995 (the LRA).


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. 


Costs and benefits remain the two key issues facing the coming NHI Act as it faces certain constitutional challenges according to Neil Kirby, Director and Head of Healthcare and Life Sciences at Werksmans Attorneys 


In today's highly competitive employment market, securing the most suitable candidates is of paramount importance to the success of a business. Employers must however be careful to vet prospective employees so as to protect the interests of the business.  


In the realm of labor disputes, strikes serve as potent tools wielded by workers to demand fair treatment, better working conditions, and equitable compensation. However, within the fluidity of these protests lies a contentious issue: the specter of violence.


When the employment relationship ends due to the death of the employer, it terminates by operation of law, absolving both parties from their contractual obligations. 


What is an employer to do when an employee is booked off on sick leave, only to be seen engaging in social activities that a “sick” person ordinarily should not or could not be engaging in?  


On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a review application wherein the Labour Court dealt with the importance of and requirement for it to be provided with a full and proper record in review proceedings. In that article, we discussed the duty on all parties in review proceedings to place a complete and full record before the reviewing court.


Can an employee be dismissed if they misrepresented their qualifications and/or professional memberships? This issue was considered in the Labour Court (LC) in the case of Lesedi Local Municipality v Mphele and Others.

Advertisement


Advertisement


Advertisement



Advertisement i




Advertisement m