Tag: CCMA

Employees, earning below the prescribed earnings threshold of R205,433.30 per annum, who are placed with a client by a temporary employment service (TES) for a period exceeding three months are solely employed by the client, and the TES is no longer the employer of that employee.

The sharing economy (i.e. the community based on-line market) continues to expand at a rapid pace throughout a broad range of industries with Uber and Taxify dominating the taxi/ private vehicle hiring industry and Airbnb now the largest hotel accommodation and hospitality service in the world.

Is a dismissal of an employee who posted alleged racist comments on Facebook substantively fair? The dismissal of an employee who posted alleged racist comments on Facebook will be substantively fair only if a reasonable person ascribes the comment as racist and the comment has a negative bearing on the employee’s continued employment relationship.

Is the money spent on procuring and retaining employee skills an expense or an investment? Either way, employee costs are most often amongst the biggest if not the very biggest.

Strike action is an area of labour law where the stakes are high. The Labour Relations Amendment Bill, 2017 published on 17 November 2017, attributes a misalignment between the law on strikes and action taken by parties during industrial action, as the root cause for protracted and often violent industrial action.

Researchers exhorting the South African government to implement the NMW (National Minimum Wage) reported that they could find no studies showing high job losses from the institution of minimum wages. How did they not uncover the link between the 2007 decision to impose the US Fair Minimum Wage Act on the US dependencies of Puerto Rico, American Samosa and the Mariana Islands?

Can an offer to employ which is later withdrawn amount to a dismissal?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.

There is no requirement in any South African labour legislation, including the Labour Relations Act, 66 of 1995 and the Basic Conditions of Employment...

Gavin Stansfield | Director: Employment Practice | gavin.stansfield@cdhlegal.com Zola Mcaciso | Associate: Employment Practice | zola.mcaciso@cdhlegal.com | Cliffe Dekker Hofmeyr |  https://www.cliffedekkerhofmeyr.com/ | The case of...

Aadil Patel | National Practice Head, Director | Cliffe Dekker Hofmeyr | aadil.patel@cdhlegal.com | Samantha Coetzer | Consultant in the Employment practice | Cliffe Dekker...