Employment law

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Utilization of Annual Leave and claiming from the Temporary Employer and Employee Relief (“TERS”) Scheme during #COVID-19 lockdown

The Department of Employment and Labour (hereinafter referred to as “the Department”) has published a Directive (“hereinafter referred to as “the leave Directive”) on COVID-19 and implications on the leave provisions as set out in the Basic Conditions of Employment Act 75 of 1997 (hereinafter referred to as “the BCEA”) as well as a new […]

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Short Time Work as an alternative to Retrenchment during the #COVID-19 pandemic

Many Employers, despite the sudden economic downturn due to the COVID-19 pandemic, do not wish to retrench their Employees due to various reasons, inclusive but not limited to; Employees working for the Employer for years if not decades, loyal and hardworking Employees and Employees who have families to financially support as well as other financial […]

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Understanding Constructive Dismissal

Constructive Dismissal is defined in Section 186 of the Labour Relations Act (“the Act”) which sets out the meaning of dismissal in terms of the Act. Due to the numerous types of dismissals, this article will focus solely on Constructive Dismissal. Constructive Dismissal is particularly defined in section 186 of the LRA at subsection (1) […]

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COVID-19 may not be killing your Employees, but it could be killing your business. Is Retrenchment an instant option?

South Africans are in a state of COVID-19 information overload and Employers and Employees alike are finding themselves in circumstances where information is either unreliable or presently uncertain, particularly in respect of what the consequences are for Employees should the Employer’s business shut down due to the COVID-19 pandemic, or in circumstances where the Employer’s […]

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Understanding the law as it relates to promotions at work

Disputes relating to promotional disputes are covered by unfair labour practices as defined in the Labour Relations Act 66 of 1995 (as amended) (“the Act”). Section 186(2) of the Act sets out the grounds of various categories of unfair labour practices, including that of unfair labour practices which relate to promotion. An unfair labour practice […]

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