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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.
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.
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?
Can an offer to employ which is later withdrawn amount to a dismissal?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.
Gillian Lumb | Regional Practice Head, Director | Cliffe Dekker Hofmeyr | email@example.com | www.cliffedekkerhofmeyr.com |Discussions surrounding labour law in South Africa can be...
The uncertainty in relation to employees in Temporary Employment Services (TES) has taken another step towards clarity with a recent decision of the Labour...
"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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