January 26, 2022

Citing charges for a disciplinary hearing – Getting it right, the first time

When an employer institutes a disciplinary hearing against an employee, the employee is entitled to know and understand the nature of the charge(s) against him/her. As […]
May 4, 2021

The importance of contract renewal after expiry of fixed-term contracts

In Department of Agriculture, Forestry and Fisheries v Teto and Others,1 the Labour Appeal Court (“LAC”) considered whether the termination of employees initially engaged on fixed-term contracts constituted a dismissal on […]
March 17, 2021

Drafting employment contracts for ad hoc activities

It often happens that employers give instructions to employees that do not form part of their usual routine. This article will briefly discuss whether employees are obliged to execute all instructions […]
October 8, 2020

No work-no pay – What does the law say?

Many employers were left in the dark after the President of the Republic of South Africa declared a national state of disaster in terms of the Disaster […]
September 9, 2020

What if your dismissal is overturned?

Reinstatement in terms of the s 193(2) of the Labour Relations Act 66 of 1995 (LRA) According to s193(2) of the LRA, if it is found […]
March 4, 2020

New laws for parental leave

In a welcoming and long-awaited move, President Cyril Ramaphosa signed the Amendment of the Labour Law Act into law on 28 November 2018, giving parents, particularly […]
February 10, 2020

“But it wasn’t me” doesn’t cover it

As a point of departure, the doctrine of vicarious liability means that the employer is held liable for the wrongful acts or omission of its employees. […]
March 25, 2019

Paternity leave for men

From January 2019, working South African men are entitled to 10 days of paternity leave after the birth of their child. The Labour Amendment Act also […]
October 15, 2018

Racism in the workplace – It’s not always black or white

Introduction This article discusses two recent Constitutional Court judgments, which deal with racism, or perceived racism, in the workplace. Although each judgment and respective outcome should […]
June 4, 2018

Dismissing an employee for racism

There are different reasons why an employer might consider firing an employee. After teacher Keith Arlow had been fired from St John’s College in Johannesburg for […]
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