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Court directives on COVID-19
In light of the State of Disaster in South Africa due to the COVID-19 virus the Chief Justice Mogoeng Mogoeng has issued directives which...

Lawtons Africa
Mar 18, 20202 min read


Coronavirus – why South African employers have a common law duty to care
The Coronavirus outbreak has now reached South Africa as more and more cases are confirmed and South Africans from Wuhan Province in...

Lawtons Africa
Mar 11, 20205 min read


Workplace Accountability – No one to blame?
In mid-December 2019, the Supreme Court of Appeal handed down judgment in Komape & Others v Minister of Basic Education & Others ...

Lawtons Africa
Mar 11, 20209 min read


Proposed Amendment to the Films and Publications Act
The Films and Publications Amendment Act which has been ratified but is not yet in operation handles essential aspects of publication of...

Lawtons Africa
Jan 30, 20203 min read


Employment Claims – The Labour Court or the High Court?
As employees increasingly turn to the civil courts in pursuing claims against employers, the Supreme Court of Appeal (SCA) has reaffirmed...

Lawtons Africa
Jan 17, 20203 min read


Claims under the Basic Conditions of Employment Act: clarity at last
The Constitutional Court in Amalungelo Workers' Union and Others v Philip Morris South Africa (Pty) Limited and Another (26 November...

Lawtons Africa
Jan 9, 20203 min read


The national minimum wage – one year later
By the end of last year, an amendment to the Act was proposed to correct a technical error that would allow the absurd situation of the...

Lawtons Africa
Jan 9, 20203 min read


MEDIA STATEMENT: Legal system crucial to mitigating sexual harassment and violence in workplaces
The South African legal fraternity is joining voices in support of the 2019 campaign for 16 Days of No Violence against Women and Childre...

Lawtons Africa
Dec 3, 20194 min read


Preventing harassment and violence in South African workplaces
In 2019, the International Labour Organization (ILO) adopted a new Violence and Harassment Convention.

Lawtons Africa
Nov 15, 20194 min read


Developments with the PDA
Whistleblowing is defined as raising a concern about wrongdoing within an organisation. The Protected Disclosures Act 26 of 2000 (PDA)...

Lawtons Africa
Dec 31, 20174 min read


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...

Lawtons Africa
Sep 30, 201711 min read


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...

Lawtons Africa
Aug 31, 20171 min read


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...

Lawtons Africa
Aug 17, 20172 min read


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...

Lawtons Africa
Jul 12, 20172 min read


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...

Lawtons Africa
Jul 12, 20174 min read


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...

Lawtons Africa
Jun 30, 20173 min read


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...

Lawtons Africa
Jun 30, 20173 min read


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...

Lawtons Africa
Jun 30, 20174 min read


Investigating employee misconduct
This article examines whether an employer can be sued for defamation, by an employee for comments made during an investigation conducted...

Lawtons Africa
Feb 28, 20173 min read


Debunking general misconceptions
Some general misconceptions we encounter in practice –
Restraints of trade:
Arising from the constitutional right to work, I've been...

Lawtons Africa
Dec 2, 20162 min read
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