Tag: EmploymentLaw

Chapter 4 of the Labour Relations Act (LRA), read together with item 6 of Schedule 8 of the LRA, effectively allows employers to dismiss employees who have embarked on an unprotected strike. However, the law makes it clear that an unlawful strike does not automatically give the employer a right to fire the strikers.

When a senior advisor or executive walks out the door, especially to join a competitor, your restraint of trade clause is often the only thing standing between you and serious commercial damage. Here is what recent South African case law tells us about what works, what does not and what you need to do now.

The Compensation for Occupational Injuries and Diseases Act (COIDA) requires the state’s Compensation Commissioner to compensate employees for losses resulting from workplace injuries. This applies when an injury complies with the legal definition. Some employers also acquire workplace injury cover from private insurance companies. However, these companies sometimes reject claims and create unnecessary workplace slip-ups for employees seeking compensation.

South Africa has taken a major step toward workplace equality. The Constitutional Court issued a landmark decision. The court introduced a new parental leave ruling that reshapes family rights at work. This new parental leave ruling allows parents to share four months and ten days of parental leave. They may use this leave after birth, adoption or surrogacy. It replaces the old system that gave mothers extended maternity leave.

The concept of insubordination means ‘refusal to obey a lawful and reasonable instruction’. Gross insubordination can be a ground for dismissal. However, the employer has the onus of proving that the act was, in fact, one of insubordination and that it was gross (very serious). An employer’s belief that insubordination has occurred can easily trigger an emotional response from the executive who issued the instruction.

The Labour Appeal Court (LAC) has handed down a significant decision addressing a question that many employers and legal practitioners regularly confront. Can a disciplinary chairperson reject a lenient sanction emerging from a plea-bargaining process? The LAC answered this question in South African Police Services vs Mkonto and Others. The judgment also highlights the limits of leniency within disciplinary proceedings.

People are the beating heart of every business. They bring perspective, ingenuity, skills and experience that help organisations excel and deliver results. However, employment relationships do not always work out. A person may not suit their role and responsibilities. They may also fail to align with the company culture or behave poorly in the workplace.

Whether you are a business owner or responsible for Human Resources (HR), the issue of cannabis use among employees will likely arise at some point. According to research released by the United Nations in 2020, about 3% of the South African population reported Cannabis use. That equals roughly 2 million people.

Can employers pay bonuses to non-strikers during a protected strike? During a protected strike, tensions rise and both sides make difficult choices. This Alert explores the legal position by examining Solidarity obo C J Arendse and 38 Others vs Heineken Beverages (Pty) Ltd, a recent Labour Court judgment.

When arbitrators and judges assess whether a dismissal was fair, they must apply the objective test. In simple terms, they must decide whether a reasonable person would conclude that the conduct justified dismissal. This assessment must remain unemotional and evidence-based. However, misunderstanding the objective test often leads to incorrect conclusions.