Tag: Labour Relations Act (LRA)
Victimising employees is risky!
One of the legal terms and concepts that appear to confuse employers and employees is ‘victimisation’. This is partially because the labour statutes do not deal directly with the concept of ‘workplace victimisation’. This is most surprising in view of the fact that victimisation does interfere with the right to fair labour practice.
Disciplinary hearings and the employee’s right to legal representation
The postponement of suspended Eskom executive Mathsela Koko’s disciplinary hearing highlights just how costly and drawn out disciplinary procedures can be when lawyers become involved in the process. It also begs the question: Under what circumstances does the employee have the right to engage legal representation in respect of a disciplinary hearing?
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Can an offer to employ which is later withdrawn amount to a dismissal?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.
A step closer to minimum wage in May 2018
Aadil Patel | National Practice Head, Director | Cliffe Dekker Hofmeyr | aadil.patel@cdhlegal.com |
Samantha Coetzer | Consultant in the Employment practice | Cliffe Dekker...
Flexibility – does South Africa’s labour legislation allow for this?
Gillian Lumb | Regional Practice Head, Director | Cliffe Dekker Hofmeyr | gillian.lumb@cdhlegal.com | www.cliffedekkerhofmeyr.com |
Discussions surrounding labour law in South Africa can be...
Retrench and Restructure – PART 1
If the data is to be believed, retrenchments are once again on the rise. Lets not speculate why, but the current environment doesn’t induce business stability.
Trade union irony in the labour court!
Trade unions - the vanguard of employee rights; viewed by some as the thin line between workplace exploitation or salvation - are not immune...
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...
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).
