On 18 March 2022, the Minister of Employment and Labour Minister published the ‘Code of Good Practice on the Prevention of Elimination of Harassment in the Workplace’ (Harassment Code).  

Wondering whether an employer is obliged to comply with its own policies and procedures when these policies and procedures are incorporated into an employee's contract of employment? 

Section 41(4) of the Basic Conditions of Employment Act 75 of 1997 (the BCEA) relieves an employer of the duty to pay severance pay in circumstances where the employee who is dismissed for operational requirements "unreasonably refuses to accept the employer's offer of alternative employment with that employer or any other employer".

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.

Unions worldwide play an essential role in protecting the rights and interests of employees, particularly at lower income levels where individuals may not have recourse to legal services and representation.  Correcting the power imbalance between employer and employee is often a critical function performed by unions.

What constitutes offer and acceptance for the conclusion of a contract of employment. Keep reading to find out what Jacques van Wyk, Director, Michiel Heyns, Senior Associate at Werksmans Attorneys thinks.

Whether employers, who issue provisional ultimatums to employees who participate in unprotected strike action, may subsequently dismiss employees who comply with the ultimatum. 

The employment relationship involves two parties - the employer and the employee - and accordingly there are three possible ways in which this relationship can end, or terminate. 

Does the termination of an employee’s fixed term contract of employment, where such employee earns below the earnings threshold and is employed to perform work of a permanent nature, amount to an unfair dismissal.

In the arbitration between the National Union of Mineworkers obo Donald Andile Mchunu v Tronox Mineral Sands (case number KNRB1750-18) the Commissioner had to decide whether the applicant, the second best candidate, was entitled to be appointed to a vacant position because the best candidate declined the offer.