How the City of Johannesburg fell from the fireman's pole
Bekker CJ, Mohamed CJ and Zondo JP long observed that "racist conduct requires a very firm and unapologetic response from the courts...
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- Aug 30, 2017
- 1 min
In what direction will Uber drive SA labour laws?
The recent CCMA ruling in favour of Uber drivers now heads to the Labour Court. This is an extremely important case as South African...
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- Aug 16, 2017
- 2 min
When the costs of litigation catch up with delinquent state actors
In July last year the Labour Court handed down a very important judgment against the SABC, in which it reinstated a number of dismissed...
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- Jul 11, 2017
- 2 min
Temporary Employment Services - new ruling
The Labour Appeal Court has set aside the judgment of Brassey AJ in the matter of Assign Services and NUMSA on 10 July 2017. The case...
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- Jul 11, 2017
- 4 min
The end of an era
Is labour broking in the South African Workplace at the tail end (in relation to employees who earn below the current threshold of...
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- Jun 29, 2017
- 3 min
Labour law should not be an afterthought
South African labour relations has over time become dominated by a large number of advisors and it is important that an organisation...
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- Jun 29, 2017
- 3 min
In times of union rivalry
SAFTU recently launched itself under the name South African Federation of Trade Unions and enters into the fray on the heels of four...
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- Jun 29, 2017
- 4 min
Derogatory... racist, or simply a racial descriptor?
In a previous edition of our newsletter, we featured the very important Constitutional Court judgment in SARS v Kruger & Others where the...
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- Feb 27, 2017
- 3 min
Investigating employee misconduct
This article examines whether an employer can be sued for defamation, by an employee for comments made during an investigation conducted...
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- Dec 1, 2016
- 2 min
Debunking general misconceptions
Some general misconceptions we encounter in practice ā
Restraints of trade:
Arising from the constitutional right to work, I've been...
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- Nov 29, 2016
- 2 min
South African Revenue Services v CCMA and others
On 8 November 2016 the Constitutional Court handed down a unanimous judgment in the matter ofSARS v CCMA and others. The Constitutional...
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- Aug 30, 2016
- 2 min
Inquiry by an arbitrator in circumstances of an alleged protected disclosure
The introduction of section 188A(11) of the Labour Relations Act:
The amendments to the Labour Relations Act (LRA) and other key...
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- Jul 30, 2016
- 5 min
Missing records
Records are also integral to the judicial process. This is especially so where an aggrieved party seeks to review a decision of the CCMA...
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- Jul 30, 2016
- 6 min
Not another memorandum of demand
Throughout our history, the workplace has been one of the bastions through which political rights were asserted. We were naive, not only...
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- Jun 28, 2016
- 2 min
Is a cell phone photograph admissible as evidence in the CCMA
The advent of the cell phone has brought photography into a new dimension with the introduction of pocket cameras. Often acts of...
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- May 30, 2016
- 3 min
A plea bargain with a deviant employee
A plea bargain with a deviant employee, is this permissible in the workplace? The concept of a plea bargain arises from the criminal law...
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- May 30, 2016
- 3 min
Breakdown in the trust relationship between employer and employee
An employer must not only allege a breakdown in the trust relationship, evidence must be led. In the matter of Woolworths (Pty) Ltd v...
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- Apr 29, 2016
- 1 min
Proposed amendments to the BCEA for paternity leave
A Bill was published in November 2015 proposing to amend the Basic Conditions of Employment Act, 1997 and the Unemployment Insurance Act...
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- Mar 30, 2016
- 7 min
Sexually frustrated in the workplace
In SA Metal the CCMA dismissed a claim of sexual harassment. This was overturned on review where the Labour Court found that the failure...
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- Mar 30, 2016
- 1 min
How long can a CCMA arbitration award be enforced against an employer
After years of contradictory judgments on the matter, the Labour Appeal court has now finally settled the law in relation to the...
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