Labour Law

Did you know that your beliefs may be protected by labour laws? But how far do these protections extend – would you be protected for climate change denialism, veganism or being a flat earther?

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 March 2019 the lack of sexual harassment policies in some of South Africa’s political organisations made the headlines.

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.

South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights not be unfairly dismissed, and to not be subject to unfair labour practices. 

 

Whether an employee who makes a false allegation of racism against another employee can be dismissed?

Contrary to popular belief, companies may be within their rights to secretly record conversations with employees and use that information against them in a court of law.

Have you ever suspected fraudulent behaviour in the workplace? And considered polygraph testing as a means to uncovering the truth? Hear what the experts have to say before you embark on this irreversible course of action.

Agriculture is the largest sector for child labour practices where most children worked as unpaid family members according to Labour Minister Mildred Oliphant.

South Africa's labour laws protect women employees when they become pregnant and ensure that they receive maternity leave.

In terms of the Basic Conditions of Employment Act, 75 of 1997 (BCEA), all employees are entitled to a minimum number of days leave per year.  

The debate surrounding the interpretation of section 198A(3)(b) of the Labour Relations Act (LRA), particularly dealing with the dual or deemed employment relationship between a client of a temporary employment service provider (TES) and the TES employee.

Last month the Department of Labour (DOL) released a media brief noting that the Commission for Conciliation, Mediation and Arbitration (CCMA) has requested that the DOL investigate the growing practice of deliberate circumvention of labour laws amongst employers.

One of the biggest challenges parents face is the juggling of careers and family life. Women most often are the ones who take on the responsibility of caregiving in the home;

Very often, an employee is suspended while an investigation is conducted into allegations of misconduct, or pending the holding and outcome of a disciplinary hearing. 

Since October 2017, the #MeToo movement has had a ripple effect on society and has shone a spotlight on the manner in which sexual harassment is dealt with in the workplace.

The National Minimum Wage Act 9 of 2018 (NMWA) came into effect on 1 January 2019. 

Where an employer or employee fails to comply with a court order, does such failure constitute contempt of court?

 

Since 2014, a Cape Town father, Henri Terblanche has been campaigning for more parental leave for fathers. Fathers were only entitled to 3 days family responsibility leave as stated in the Basic Conditions of Employment Act.

The #MeToo movement has brought a new awareness to the insidiousness of sexual harassment, encouraging women from around the globe to reveal indignities suffered, often from men in powerful positions.

The Labour Court (LC), in Ockert Jansen v Legal Aid South Africa (2018) 39 ILJ 2024 (LC), recently considered whether the dismissal of an employee on the grounds of misconduct,

The Basic Conditions of Employment Act 75 of 1997 (BCEA) presently entitles a female employee to at least four consecutive months of maternity leave.

The singing of struggle songs in the workplace, depending on the meaning of the words and the context in which it is sung, may not constitute racism. 

In South Africa, stringent Labour Laws have created somewhat of a minefield for employers to navigate when it comes to disciplinary procedures. 

It is trite law that employees may resign from his employment, either with immediate effect or on notice, thereby unilaterally terminating the employment relationship

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