September 26, 2018

WHAT ARE THE LIMITATIONS IN RESPECT OF THE DEDUCTIONS ON MY SALARY?

A client poses a question to their attorney: My employment contract makes provision for deductions from my salary and now my employer wants to deduct money. […]
August 3, 2018

UNDERSTANDING WHETHER A DISMISSAL IS FAIR OR UNFAIR

What does “unfair” mean from a Labour Law perspective The legal definition of unfair connotes a very particular meaning for Labour Law Practitioners, which connotation differs greatly […]
August 3, 2018

LANDMARK JUDGEMENT: CON COURT RULES ON DEEMING PROVISIONS FOR LABOUR BROKERS

On 26 July 2018, the Constitutional Court handed down a judgment in an application for leave to appeal against an Order of the Labour Appeal Court […]
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, […]