Tag: Lizle Louw
Employment Equity Amendment Bill 2020 – employers must act swiftly
The Employment Equity Amendment Act has been signed into law, which paves the way for setting enforceable numerical targets for employment equity for economic sectors and fining employers who are non-compliant
You better mean it when you say ‘I’m out’
A recent Labour Court judgment has reinforced the unilateral nature of an employee’s resignation and clarified the legal authority of an administrator to hire employees. Reading like Shakespeare's 'The Comedy of Errors', a recent Labour Court judgment wades through muddied water to reiterate the crystal-clear effect of an employee's resignation in Mohlwaadibona v Dr JS Moroka Municipality (J718/21) [2022] ZALCJHB 91.
Timing is everything in the Labour Court – dismissing a claim...
In a recent ruling, the Labour Court has clarified the circumstances under which an application may be made to dismiss a case because of inordinate delay by the referring litigant. The speedy resolution of labour disputes has long been a core principle of employment law.
Constitutional court upholds secondary strikes judgments
On 12 November 2021, the Constitutional Court held in favour of mining employers in a historic secondary strike judgment (Association of Mineworkers and Construction Union and Others v Anglo Gold Ashanti Limited t/a Anglo Gold Ashanti and Others [2021] ZACC 42).
Civil unrest and public looting – managing key employment issues
Employers seeking an appropriate response to the civil unrest and public looting in Gauteng, KwaZulu-Natal and other parts of South Africa will have to consider different factual circumstances. As a result of the civil unrest and public looting in Gauteng, KwaZulu-Natal and elsewhere, employers may face one of the three scenarios.
New leave laws may increase mine employee costs
The implementation of the Labour Laws Amendment Act from 1 January 2020 is welcome from an equality perspective, but may have cost implications for mining companies.
More legal muscle for mining communities
Recent regulatory developments have helped to increase the pressure that communities are able to exert on mining companies. This highlights the need for companies to implement more effective negotiations with and solutions for their affected communities.
You can no longer discipline an employee after a resignation!
Employees often resign with immediate effect when facing disciplinary action. Employers may be unsure whether they can continue with an intended disciplinary action? Unfortunately, the Labour Courts' decisions on this issue have not always been clear or consistent.
