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Friday, December 14, 2018
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Solicitation lands former employee in hot water

In the recent case of Massmart Holdings Limited v Theron, the Labour Court provided guidance regarding the calculation of damages suffered by an employer as a result of a former employee breaching a non-solicitation undertaking.

The IAS and the CA(SA) of the future | Agile learning,...

The future Chartered Accountant [CA(SA)] will look a lot different from the CA(SA) of the past, according to Professor Gary Swartz, founder of the Institute of Accounting Science (IAS), but if numbers remain numbers, and formulas remain formulas, what must change for the evolution of the CA(SA)?

Incompatibility as a Ground for Dismissal?

"An employer has the prerogative to set reasonable standards pertaining to the harmonious interpersonal relationships in the workplace" - words by Mokgoatlheng AJ in the case of Jabari v Telkom SA (Pty) Ltd. This case reveals the lesser known of the lawful grounds for dismissal in South African employment law - incompatibility.

Molefe vs Gordhan

The [fake] case of state protection failing employment justice? Given how I have spent the last twenty or so years of my career, I tend at second blush when evaluating individuals in their careers to view them through an employment relations lens (and with those higher profile employees a bit of governance oversight thrown in).

Dagga in the workplace!

With the imminent relaxation of the use and cultivation of dagga, it is important for management to carefully look at their workplace policies. Workplace policies need to be very robust, given that both employers and employees are tasked with creating a safe workplace. 

LABOUR BROKERS: Labour Appeal Court Supports Single Employer Interpretation

The uncertainty in relation to employees in Temporary Employment Services (TES) has taken another step towards clarity with a recent decision of the Labour...

Pitfalls of making an offer of employment and later having a...

Can an offer to employ which is later withdrawn amount to a dismissal? - An offer of employment creates a valid contract and a later withdrawal of that offer can amount to dismissal. This is even more so if the reasons for the withdrawal of the offer are unreasonable.

Traditional healer (Sangoma) medical certificates

Lianne Freedman | CEO | EconoServ | lianne@econobee.co.za | www.econoserv.co.za | The issue of medical certificates that come from traditional healers is a sensitive issue that needs...

Don’t doctor sick notes!

In business and labour, sick notes are of utmost importance, they play a far bigger role in effective HR management than many realise. Misunderstanding of the basic function of the sick note can lead to problems in terms of people management.

Clampdown on illegal immigrant employment

The Department of Home Affairs has warned that they will be increasing the number of audits and investigations among South African companies that employ foreign nationals. This isn’t an empty threat and they are clamping down on foreign nationals who contravene the act as well as employers who are illegally employing foreigners.
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