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Ground breaking judgement - both parents are entitled to maternity leave
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| By Unknown
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30 October 2023
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Ground breaking judgement – Both parents entitled to “maternity” leave.
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Inherent requirements of the job - Unfair Discrimination.
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| By www.golegal.co.za
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30 September 2023
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The case of Damons v City of Cape Town revolves around the contentious issue of unfair discrimination in the workplace, focusing on the concept of inherent requirements of the job as a defence, and the extent of reasonable accommodation for employees unable to meet these requirements. The central question posed was whether the employer had unfairly discriminated against the employee based on disability and whether the principle of reasonable accommodation should apply in such cases.
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Employment Equity reporting 2023
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| By Mark Siddons
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30 September 2023
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Employment Equity 2023 reporting period
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Reasonableness of a 2 year restraint of trade
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| By labourguide.co.za
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30 September 2023
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The Labour Appeal Court (LAC) recently handed down two judgments on the same day in which it has on the one hand upheld a two-year restraint of trade agreement and on the other hand, reduced the operation of the restraint to one year.
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Court rules that dismissing a drunk worker after 2 incidents was "too harsh".
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| By www.iol.co.za/pretoria-news
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30 September 2023
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Court rules sacking drunk worker after two incidents was 'too harsh'.
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Domestic and other employees employed in the home can claim for accidents from the Compensation Fund
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| By News 24
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25 August 2023
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Domestic workers can now claim from the Compensation Fund
- Domestic workers, including chauffeurs and gardeners, are entitled to claim if they are injured or contract a disease at work, according to an amendment in law.
- Government has encouraged domestic workers to claim from the Compensation Fund.
- Legal experts have also urged employers of private domestic workers to register their domestic workers for the Compensation Fund.
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Maternity leave for fathers and adoptive parents?
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| By SA Labour News
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25 August 2023
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Parents and civil rights groups are challenging SA maternity leave law because it discriminates between parents who have given birth and those who have not, such as fathers and adoptive parents.
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Employers are entitled to fair treatment as well.
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| By Biz Community Article
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14 August 2023
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Labour law has limits to employee protection; employers are entitled to fair treatment too.
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Breathalyzer testing explained.
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| By Business Live
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14 August 2023
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Workers may not be dismissed solely on the basis of breathalyser tests‚ the labour court ruled recently.
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Fake qualifications
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| By GroundUp.org.za
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14 August 2023
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The Johannesburg Labour Court has ruled that the axing of a Lesedi Municipality Chief Financial Officer for misrepresenting his qualifications was fair.
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Withdrawal of resignation: When is it acceptable?
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| By Unknown
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12 August 2023
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Once an employee has resigned the employee cannot withdraw the resignation unless the employer consents thereto. This consent must be given prior to the expiry of the employee’s notice period when the resignation becomes effective, failing which a fresh agreement of employment will have to be concluded.
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Do employers need to retrench fixed term employees at the end of their contract?
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| By Cliffedekkerhofmeyr.com
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12 August 2023
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After Gold Fields terminated the contract, the employer initiated a retrenchment process and retrenched the employee. Fixed-term employees were given the opportunity to apply for a position under the new company that won the tender, Flint. However, the employee was unsuccessful and referred an unfair dismissal dispute.
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Sarcasm and eye rolling can land you in trouble
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| By Bix Tech article
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6 August 2023
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Sarcasm, eye-rolling and other things that can now land you in serious trouble at work.
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Requirements for a constructive dismissal
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| By Monique Jefferson BA (Wits) LLB (Rhodes) is a legal practitioner at DLA Piper in Johannesburg. This
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20 July 2023
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Requirements for a Constructive Dismissal
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Restraint of trade
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| By Unknown
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28 March 2023
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According to a recent judgment from the Labour Appeal Court (LAC), when concluding settlement agreements with former employees, employers must actively preserve their rights to enforce restraint of trade undertakings, and other important protections.
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Suspension without pay
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| By Unknown
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16 January 2023
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In American Products Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others [2021] 1 BLLR 64 (LC), the employee was employed by American Products Services (the Company) as a truck driver and was involved in a motor vehicle accident that resulted in damage to the Company’s vehicle.
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