Labour Law

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

The constitutional court has recently – for all practical purposes, legalised the private use of cannabis. What the Constitutional Court confirmed is that citizens have the right to cultivate, possess and use cannabis in private.

An employee can be dismissed for refusing to obey instructions if such instructions are fair and lawful and the refusal constitutes gross insubordination. 

South African labour laws are renowned as being progressive and protective of employees' rights. 

Healthy and regulated competition in business can boost the quality of services and products. However the laws that guide competition need to promote fair and ethical practices.

Fathers can look forward to more time with their newborns following the passing of the Labour Laws Amendment Bill on Tuesday by the National Assembly, set to give dads more paid paternity leave.

Depression in the workplace is on the rise and employers are battling to manage this costly illness.

Everyone in the workplace has a responsibility to see that company policy is understood and practiced.

“Past Lessons, Future Challenges: 30 years on” is the theme of the 30th Annual Labour Law Conference (ALLC), first held in 1987 after the Wiehahn Commission of Enquiry acknowledged trade unions and the labour movement as a strategic force in the move towards a democratic South Africa.

Time is of the essence when dealing with labour disputes and litigants should be mindful that they need to treat these disputes with urgency.

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.

The Council for Conciliation, Mediation and Arbitration (CCMA) has dismissed an application by the National Education, Health and Allied Workers’ Union (Nehawu) in relation to the payment of bonuses in 2015.

Workplace mediation offers significant benefits to employers and employees. It has the potential to facilitate fast, innovative, mutually beneficial, solutions to employment disputes.

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