Employment law

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HIV Positive Employees and Prospective Employees

South Africans who are positively diagnosed with HIV (human immunodeficiency virus) have long been discriminated against in various spheres of life. In particular, HIV positive South Africans find it incredibly difficult to secure gainful employment due to Employers being reluctant to hire them for various reasons, inclusive but not limited to, the fear that HIV […]

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Conciliation at the Commission for Conciliation, Mediation and Arbitration

The Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as “the CCMA”) is a dispute resolution body which was established in terms of the Labour Relations Act, 66 of 1995 (hereinafter referred to as “the LRA”) and was one of the first key organizations established under the new democratic Republic of South Africa. The CCMA […]

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Labour law false allegations

Amendments to the Labour Laws Amendment Act regarding parental leave

The sections of the Labour Law Amendment Act 10 of 2018 (hereinafter referred to as “the Act”) dealing with parental, adoption, and commissioning of parental leave and related benefits came into effect on 1 November 2019. In terms of Section 26A of the Act, new fathers, adoptive parents and couples who are parents through surrogacy […]

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Labour law false allegations

What are Employees’ and Employers’ Rights and Obligations in terms of Sick Leave in South Africa?

Introduction The Basic Conditions of Employment Act, No 75 of 1997 (“the BCEA”) gives effect to the right to fair labour practices referred to in section 23(1) of the Constitution of the Republic of South Africa by establishing and making provision for the regulation of basic conditions of employment. The BCEA was specifically enacted to […]

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Resignation

Restrains of trade: confidentiality and the protectable interest – key ingredients to effective enforcement

Restraints of trade have become an almost automatic inclusion in many agreements. The driver behind this is the protection of commercially sensitive and confidential information. Furthermore, to prevent any unlawful competition or an unfair advantage being leveraged in the market. With that being said, a recent labour appeal court case has made us question its […]

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