October 23, 2017

Charging employees at disciplinary proceedings

Employers must be cautious in formulating charges against employees at disciplinary hearings. The employer must provide details of all disciplinary charges levelled against the employee and […]
September 28, 2017

UNFAIR SUSPENSION AND YOUR RIGHT TO A FAIR HEARING

If you believe that you have been unfairly suspended by your employer, it is wise to be aware of your legal rights and the recourse that […]
September 18, 2017

Interpreting non-variation clauses of a contract alongside the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”)

Having been promulgated in April of 2006 the ECTA is by no means a novel piece of legislation. The ECTA seeks, among other things, to provide […]
May 24, 2017

EQUAL PAY FOR EQUAL WORK

On 1 August 2014, the Employment Equity Amendment Act No 47 of 2013 (“EEAA”) was promulgated into law, supported by a new set of Employment Equity […]
May 24, 2017

THE SECTION 189 RETRENCHMENT PROCESS IN TERMS OF THE LABOUR RELATIONS ACT

Section 189 of the Labour Relations Act (“LRA”) permits employers to dismiss employees for operational requirements. These are defined as requirements based on economic, technological, structural […]
May 24, 2017

WHAT IS A LAWFUL SUSPENSION BY THE EMPLOYER?

We are often approached by Employers and Employees alike, asking advice on the lawfulness of suspensions in the workplace. In determining what a lawful suspension is, […]
May 24, 2017

VICARIOUS LIABILITY FOR SEXUAL HARASSMENT IN THE WORKPLACE

Could employers be held vicariously liable for their employees’ sexual harassment in the workplace? A recent judgment, E v Ikhwezi Municipality and Another, delivered in March […]
May 24, 2017

MATERNITY LEAVE BENEFITS FOR MALES IN SOUTH AFRICA?

Is it time to review your policies on maternity leave benefits? A recent and important judgment in the Labour Court in MIA v State Information Technology […]
May 24, 2017

DISCRIMINATION BASED ON GEOGRAPHIC LOCATION

“Why don’t you come work in Joburg? You will get paid more…” The number of times that has been said in social gatherings are countless. There […]