While the term “retrenchment” is often used colloquially to describe an employer’s dismissal of an employee on a no-fault basis, where the dismissal is as a result of the employer’s business needs. While this, in law, can constitute a fair reason ...
Dispute resolution in South Africa has developed from the traditional methods towards a more collaborative and flexible process. Alternative Dispute Resolution mechanisms allow for cooperation, confidentiality and cost-effectiveness. These method ...
There is often confusion as to whether someone is an independent contractor or an employee, and thus, whether they are protected under the Labour Relations Act. More often than not, independent contractors believe that they have signed employment ...
Introduction Public procurement refers to the acquisition of goods, services and construction by government agencies and it serves as a critical mechanism through which public functions are executed, and public welfare is maximised (Arrowsmith ...
Rule 25 of the Commission for Conciliation, Mediation and Arbitration (“CCMA”) Rules deals with legal representation at the CCMA during arbitration proceedings. Rule 25 states the following: A legal practitioner and a candidate attorney may ...
Youth unemployment is a dire issue in South Africa and a global economic crisis, with vast implications in the broader socio-economic spectrum and within employment law. The majority of the youth lack the basic skills and qualifications to qua ...
Employment law issues are not for the faint-hearted. The process can seem rigorous, daunting, and deeply personal for employees facing disciplinary proceedings, especially when accused of gross misconduct. In a recent case, I was reminded of t ...
A restraint of trade agreement is generally contained in a contract of employment. The purpose of such a restraint of trade clause is to protect businesses from unfair competition by former employees or partners and safeguard company secrets and i ...
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 Regulations (Regulations). The EEAA sought to amend the Employment Equity Act No 55 of 1998 (“EEA”) by ...
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 or similar needs of the employer. An employer w ...
