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Tag: Labour Relations Act

Constitutional Court ruling | A change in the nature of labour...

On 26 July this year, the Constitutional Court clarified that organisations are deemed to be the employer of workers they accessed through labour brokers after those employees have been employed at their workplace for more than three months.

‘One size fits all’ wage approach indefensible!

While unemployment and poverty remain some of South Africa’s biggest threats, our centralised collective bargaining model, which culminates in bargaining councils extending agreements to non-parties, remains the biggest deterrent to employment in affected industries.

Labour Law | key changes in South Africa

South African labour laws are constantly evolving as the government seeks to balance stronger protections for employees with the need to create a business-friendly investment climate.

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Can an offer to employ which is later withdrawn amount to a dismissal?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

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...

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.
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