Employment Law

We believe that contracts are the culmination of not only negotiations and agreements reached between Employers and Employees, but are essential tools in managing positive and constructive relationships between all parties involved. It therefore advisable to have a professionally drafted contract to avoid any negative consequences.

Our professional expertise in drawing up and tailoring any type of written employment contract offers you the convenience of:

  • Ensuring that both parties to the agreement are fully aware of the contents of the agreement;
  • Establishing transparency between the parties;
  • Creating and maintaining trust between parties; and
  • Avoiding unnecessary disputes between parties.

We offer specialised advice and services under the many aspects of employment law. This includes professional expert insight into and the drafting of contracts; the drafting / implementation of all the relevant Human Resources policies and Grievance Procedures; and assisting in resolving workplace disputes and representing clients at the CCMA, Bargaining Councils and Labour Court.

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Should you require a quote please complete our quote form.

* Choosing the “right fit” attorney is an important matter! We fully appreciate this and therefore offer a reasonably priced and commitment free initial consultation (R950 VAT included per initial consultation), so you can ensure you have found the “right fit” before contracting legal work! Call us today!

For more information, feel free to browse related topics below.

Suggested reading and related topics:

Maria Gaoraelwe

Fadia Arnold is such a gem! I was dismissed unfairly and needed to appeal the dismissal. I had no legal representative to assist me as the lawyer that was assisting me before advised that he cannot help me further due to unforeseen circumstances. I was …

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anonymous

Fadia Arnold is absolutely brilliant. She came highly recommended by many different people and I was not sorry that I used her, she timeously assisted me, after hours which was going over and above the call of duty. I will recommend her in my professio …

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Anonymous

My husband has recently, and very unexpectedly, required the assistance of a labour lawyer. This is a position that neither he nor I have ever found ourselves, and it has come as quite a shock. I am naturally a “worrier” and this experience has proved …

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Sasha Gomes

I had the diving privilege of being assisted by Fadia Arnold, who responded swiftly to all my queries and gave immense resolution and clarity over the issues I am currently facing due to retrenchment resultant of Covid-19. I would recommend not only Sc …

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Desertion of Employees from the Workplace

The definition of desertion of Employees from the workplace in South African Labour Law and according to the Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as “the CCMA”) means that an Employee has left his or her place …

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technology law

Implementing a COVID-19 policy in the Workplace

As South Africa has recently entered what is called advanced alert level 3 of the phased approach of opening up of the economy, many businesses are still grappling with the initial financial and operational consequences of the lockdown. As businesses a …

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Anonymous

Fadia was great at making me feel at ease over my legal matter and explaining all the options available to me. I felt like she went above and beyond to assist me.I am particularly impressed by her response time and her dedication to helping me navigate …

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Mbali Mazibuko

I would like to thank Fadia for the professional and urgency in which she handled my work matter with. Due to her excellent service and professionalism to my sensitive matter my employer and I were able to reach the best possible outcome. I admire how …

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defamation

Guidelines for Disciplinary Hearings in the Workplace

Employers need to ensure that they follow a procedurally and substantively fair process when conducting a Disciplinary Hearing. Employees also need to be aware of their rights to ensure that they are well equipped for the process. This article endeavou …

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Luke

I recently appointed Ms. Fadia Arnold to act for me in a complex labour and commercial matter with a high-profile, international client. From the first consultation, Fadia has acted in an extremely professional, yet empathetic and reassuring manner. Th …

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Anonymous

To whom it may concern My former subordinate recently had an unfortunate labour dispute with her Employer (one of the largest investment banks in South Africa) and asked if I knew of any experienced labour law attorneys. I immediately recommended Fadia …

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Are Restraint of Trade Clauses Enforceable during #COVID-19?

The enforceability of restraint of trade clauses in employment contracts has always been a hot topic of debate in law. However, what once was a stringent clause to be abided by the Employee when the employment relationship terminated for whatsoever rea …

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Janelle Botha

The experience that I had with Fadia really gave myself and my mom who was experiencing a labour law issue real peace of mind. Not only did Fadia respond swiftly and give my mom excellent advice which really helped with a difficult and stressful issue …

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Monique

I recently had brief telephone consultation with Fadia Arnold and her advice and professionalism were impeccable and I wanted to thank her formally for her advice, as it was not her specialty but she still took my call and assisted. I am deeply gratefu …

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Class Action

Appointing a Third-Party Arbitrator Before Resorting to Dismissal

Employers and Employees seeking to resolve disputes are aware of the option of referring such disputes to the Commission for Conciliation, Mediation and Arbitration (CCMA). Referral often happens where a decision has already been made relating to eithe …

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Anonymous

I needed urgent assistance with a lengthy and complex clause in my employment contract related to “restraint of trade”. Within 7 hours of my initial request for assistance I had paid, scheduled and met with Fadia regarding my employment contract query. …

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Frans van Heerden

Fadia was great. She helped me through a difficult time. She was always available and replied to my emails in an instant. I would like to recommend her for any employment law matters Frans …

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Labour law false allegations

Developments in TERS #COVID19

The COVID-19 nationwide lockdown has brought about various emergency measures which for the most part are unknown territories to South Africans. Many businesses are under pressure, and in order to keep their doors open, have had to resort to emergency …

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legalisation, authentication and apostillisation

Employers and Employees must be #COVID-19 health and safety compliant under level 4 of the #lockdown

Since the nationwide lockdown was implemented and subsequently extended, South African Employers and Employees, save for those categorized as Essential Services, have been unable to attend at their workplaces to continue trading and rendering services. …

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Mitigating the Financial Impact of #Covid-19 and the Nationwide #Lockdown on Employers and Employees

When the initial 21-day nationwide lock down was announced by President Cyril Ramaphosa in March 2020, the financial impact on South African Employers and Employees at that stage had not yet been evident to the extent that it is now as we enter the fin …

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Retrenchment and Employment Related Claims post #lockdownSA – Prepare your Business

Employers, from large corporations to small to medium entrepreneurs and businesses have had no alternative but to implement short time work, reduce salaries, place Employees on unpaid leave as a no work no pay circumstance during the lockdown, or regre …

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mental health

Workmens’ Compensation and Employees’ health and safety during #Covid19 #LockdownSA

Amid the lockdown imposed in South Africa, the pressure on businesses who are still trading and operating due to being deemed an essential service is going to be immense, particularly small businesses that render essential services. To check whether yo …

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mental health

What are the rights of Employees and Support Staff who work for Essential Services Providers during #COVID-19 lockdown?

As a result of the nationwide COVID-19 lockdown implemented this past week the Minister of Cooperative Governance and Traditional Affairs, Ms. Nkosazana Dlamini-Zuma (hereinafter referred to as “Zuma”) published the Government Gazette Regulations No. 1 …

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tax compliance status

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 …

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equality

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 hard …

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res judicata

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. Con …

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cannabis

#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 …

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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 …

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business partner

#CORONAVIRUS (COVID-19) has landed in SA – What are Employers’ obligations and Employees’ rights during this public health emergency?

A contagious disease known as Coronavirus or COVID-19 (“the Virus”) was first detected in China in December 2019 and has since regrettably spread worldwide. The World Health Organization (“the WHO”) has declared the virus as a Public Health Emergency o …

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disciplinary hearings

Not complying with labour laws? the employer audit inspectors might be knocking at your door!

The recent ruling (“the ruling”) by the Commission for Conciliation, Mediation and Arbitration (“the CCMA”) which ordered an Employer to pay almost R12 million to its Employees for making unlawful deductions and not complying with the National Minimum …

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Labour law false allegations

Migrant Workers Under South African Employment Law

As the world’s focus once again shifts to the west and its most recent and controversial presidential appointment, questions relating to border control, the influx of migrants and the corresponding effects on national workforces and employment conditio …

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suspensions

The Difference Between Punitive Suspension and Precautionary Suspension

Suspension of Employees is a common occurrence in the workplace. Accordingly, Employers should be aware of the correct processes and procedures which must be complied with when suspending an Employee. In the same breadth Employees must be aware of thei …

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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 du …

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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 …

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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 …

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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 …

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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 b …

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Labour law false allegations

Dealing with a failure to comply with simple instructions – The Naicker case

It is every employer’s wish to build and maintain a great, enjoyable and productive work relationship the employees. Due to different personalities, positions, abilities and competencies which are intrinsic to the workplace, employers are usually faced …

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Collection of tuition fees

Injuries or illness sustained at work – unpacked

I will refer to the Compensation for Occupational Injuries and Diseases Act Number 130 of 1993 as “COIDA”. An injury at work can be highly stressful, specifically in the context of the current economic climate, this can ravage livelihoods and the fact …

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Labour law false allegations

Principles that could serve as guidelines to determine disputes about promotion

Introduction Promotion is an essential characteristic of the employment relationship, and it involves the process of advancing an employee from position to another position or job that may have a higher salary range, a higher status or job title and of …

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Labour law false allegations

Effect of the Restraint of Trade in Your Employment Contract

Introduction The provision for restraint of trade clauses may seem simple and employees may be tempted to agree to it when newly employed. However, the effect of the clause is far-reaching and employees must be aware that they are presumed to be famili …

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Copyright Amendment Bill

Curbing Abuse of the Sick Leave System

Introduction It is no secret that the abuse of the Sick Leave System by Employees has had devastating economic effects and management challenges on companies. Without Employees being present at work, many businesses cannot function, and in those instan …

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Labour law false allegations

Labour brokers and temporary employment services: what are they?

Introduction It has long been common practice for employers to make use of so-called employment agencies or temporary employment services (“TES”). Typically, this is where an employer would approach a third party to supply temporary or short-term emplo …

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Labour law false allegations

The Racism Card at Work – Can Falsely Accusing Someone of Racism Warrant Dismissal?

Introduction South Africa has been plagued by decades of racism that has not been significantly addressed since our new constitutional dispensation post 1994. As such, tensions have remained high, rightly so, in situations where racism has been alleged …

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Labour law false allegations

Demotion in the Workplace: What you need to know

Introduction                                                  Often times Employers set targets for Employees in order to monitor their performance. When an Employee continuously does not meet his/her target, the Employer has to intervene and assess wh …

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Contracts

CCMA Commissioners may lose discretion to allow legal representation in unfair dismissal disputes arising from misconduct

It is a well known rule in the Commission for Conciliation, Mediation and Arbitration (“CCMA”) that legal representation in unfair dismissal disputes arising from misconduct are only allowed at the Commissioners discretion. Commissioners were empowered …

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Class Action

Insubordination in the Workplace: What you need to know

Introduction It is a well-established principle, that employees must obey the lawful and reasonable instructions of their respective employers. Refusal to follow such instructions may constitute insubordination. While in some cases insubordination may …

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Megan van Eeden

wow…what to say?? Having been through an emotiuonal rollercoaster with work related issues, I turned to Helena and her team at SchoemanLaw Inc- not only did she provided me with sound advise, the service received was next to none. I felt like I was w …

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Probation

Probation

Introduction When an Employer considers hiring a new Employee, the Employer will always be concerned if the said Employee will be the right fit for the business. To help gain peace of mind, a period of Probation can be utilised to legally ‘test the wat …

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equality

Important Aspects Concerning Written Warnings

Introduction    It is every Employer’s wish to maintain order within the workplace and to give all Employees a chance to correct their actions when disciplinary issues arise. However, inevitably so, there may come a time when an Employer has to undergo …

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Labour law false allegations

Failure by an Employee to give proper notice upon resignation

Introduction Employment Contracts should set out the notice period which an Employee must give if he/she wants to terminate employment. This is due to the fact that a failure to give proper notice of the termination of employment can have dire conseque …

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condonation

Condonation Applications at the CCMA-What Employers should know

Introduction The Commission for Conciliation, Mediation and Arbitration (hereafter referred to as “CCMA”) was established so that Employees will have a forum whereby they can refer their disputes to. The CCMA would then attempt by conciliating, mediati …

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New Year's Resolutions

New Year’s Resolutions in the Workplace- How to start the New Year correctly

Introduction January is when everyone draws up a list of New Year’s Resolutions that they personally want to achieve during the year. It can be based on lessons learnt from the previous year or what they want to achieve this year.Why should it only be …

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work permit

Being in possession of a valid work permit- is it an operational requirement?

Introduction                                                                                                               With the current ineffective boarder control and the increase of globalisation, South Africa has its share of undocumented foreig …

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mental health

Mental health in the work place – the Jansen case

Introduction Whilst society in general is moving towards being more open regarding mental health, this is not always the case in the work place. There are many Employees who may suffer from mental illnesses but due to intangible symptoms, are not easil …

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Medical Certificates

Fraudulent Medical Certificates- what can Employers do?

Introduction During this time of the year many Employees and Employers are struggling with extreme exhaustion and in some cases are even on the brink of burn-out. This becomes problematic when these exhausted Employees do not have any annual leave left …

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Class Action

The Right to Strike- Balancing Conflicting Rights

Introduction The right to strike has been contentious for many years. Many argue that it gives Employees too much power over their Employers. Many Employers succumb to the pressure placed upon then by their striking Employees by agreeing to demands tha …

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cannabis

Cannabis- Is it legal to consume it in the workplace?

The recent Constitutional Court judgment legalising the consumption of cannabis by adults in their own homes, changed the South African landscape forever. ACJ Zondo stated that: “the right to privacy entitles an adult person to use or cultivate or poss …

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Resignation

Resignation – what Employers must know

It has become common practice for Employees to resign with immediate effect. Employers are often relieved when Employees resign in such a manner. This is due to the fact that Employees that have resigned usually create more problems in the workplace wh …

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sexual harassment

#WOMENSMONTH – Part Two Series: Sexual Harassment in the work place – Guiding Principles for Employers!

In part one of this two-part article series published on 3 August 2018, readers were informed of how common it is for female Employees to fall victim to Sexual Harassment in the workplace. This is due to the fact that women are often too afraid to spea …

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equality

Women and Equality – What has changed?

What is equality? What does equality mean? Does equality exist in  society for women? The 9th of August 1956 was only the beginning for women’s rights in South Africa, when more than 20 000 women marched to the Union Building in protest against the ext …

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Pregnant Employees

Automatic Unfair Dismissals- Pregnancy and Employment

We are celebrating Women’s month in August. As such it is always good to reflect on how far we have come as a nation since thousands of brave women marched to the Union Buildings on the 9th of August 1956. But the question remains – how far have we rea …

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sexual harassment

#WOMENSMONTH – Part One Series: Sexual Harassment in the Workplace – Know your Rights as an Employee!

  In South Africa, it is far more common for female employees to fall victim to Sexual Harassment in the workplace. They are often too afraid to speak up or break the silence out of fear of losing their jobs. It is important for all female employe …

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Class Action

Retirement- Can your Employer unilaterally change your retirement age?

“When they finally let me retire I want to be a full-time artist”. Nelson Mandela said after agreeing to paint for charity in 2001. Most South Africans believe that they will retire upon reaching the age of 65. They plan and structure their estates acc …

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developing skills in the work place

Developing skills in the work place

Statutory provisions to ensure certain categories of Employees receive adequate theoretical and practical training has existed since 1922. These statutory provisions are an important and integral part of South Africa’s overall objective to reduce pover …

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restraint of trade

Transfer of a business – what about restraint of trade agreements?

Under the common law, Contracts of Employment did not automatically transfer to the new Employer once the Business was transferred or sold as a going concern. Section 197 of the Labour Relations Act (“the Act) changed this and provides for the automati …

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cannabis

Suspensions in the workplace – how and when must the Employer suspend Employees

It can be quite daunting for an Employer to suspend an Employee. Many Employers have not followed any procedures when suspending their Employees. The Employer would later regret not seeking any advice as to the correct manner to suspend Employees espec …

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Labour Relations Act

Strikes and Lock-Outs: The Rights of Employees and Employers

The Labour Relations Act 66 of 1997 as amended (hereinafter referred as to the “LRA”), regulates the law relating to strikes and lock-outs. The LRA provides and outlines the rights and protection provided to Employees who decide to embark on strike act …

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conciliation

Are conciliation proceedings at the CCMA privileged? A case study perspective.

The Labour Relations Act No. 66 of 1995, as amended (hereinafter referred to as “the LRA”), is regarded as the most important part of any Labour Legislation. The Labour Relations Act created structures for the purpose of collective bargaining, this inc …

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disciplinary hearings

Disciplinary hearings- the correct way to dismiss misbehaving Employees

Many Employers struggle when it comes to dismissing misbehaving Employees. Some Employers do not discipline misbehaving Employees for years. Then suddenly one day when they (the Employer) have had enough of the misbehaving Employee’s behaviour (and all …

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Monitoring employee communications

Can an employer monitor employee communications?

Employers often provide their employees access to emails, so they may have the necessary tools to complete their work. For this reason, employers assume they have the right to monitor the emails of their employees. However, it is not that simple and cl …

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Labour law false allegations

‘Double jeopardy’ – When will courts disregard this rule

It is trite that in criminal proceedings a person cannot be tried for the same crime twice, once that person has been acquitted by a competent Court of Law. It has generally been accepted that Employees cannot be subjected to more than one disciplinary …

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Labour law false allegations

What is polygraph testing and is it admissible in South Africa?

In recent times, polygraph testing has been used more commonly. It was previously only used in the United States of America where it is regulated by legislation. In South Africa, it is frequently used in the Private Security Industry by Employers to di …

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Labour law false allegations

Basic Conditions of Employment Act Amendment Bill 2017

The Basic Conditions of Employment Act No. 75 of 1997, as amended (the BCEA), which gives effect to the right to fair labour practices referred to in Section 23 of the Constitution by establishing and making provision for the regulation of basic condit …

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Derivative misconduct and collective disciplinary enquiries

In a recent Labour Court ruling of Dunlop Mixing and Technical Services (Pty) Ltd and Others v National Union of Metalworkers of South Africa (NUMSA) obo Nganezi and Others, the Judge held that an employee bound implicitly by a duty of good faith towar …

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Vicarious liability of employers

It is trite law in South Africa that an employer will be vicariously liable for the negligent act of his or her employee/employees or agent/agents, in the event of the employee/employees or agent/agents acting in a negligent manner during the course of …

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employment

When am I regarded as an employee?

The signing of an offer of employment generally signifies the beginning of a contractual relationship between an employer and employee in labour law. Legislation that stipulates the rights of both the employer and employee after the signing of the offe …

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Legislative action taken against unemployment – The Employment Services Act

The Employment Services Act was assented to by the President on 3 April 2014, is aimed at addressing the gross unemployment levels in South Africa.  The new act aims to repeal all the employment services provisions contained in the Skills Development A …

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The line between lawful disclosures and confidentiality – how businesses and employees should protect themselves

Managing the disclosure of information effectively in your business is not a nicety, but absolutely non-negotiable, in my view. It may prove to be difference between maintaining your ‘’competitive edge’’ and untainted reputation and the failure of your business.

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Success Stories in Creating a Sustainable Small Business

Businesses may fail because they fail to limit foreseeable risk and because their ideas are not structured optimally. The three elements below are some of the key considerations in doing business in a responsible and sustainable manner. Entrepreneur Ma …

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