Mutual Separation Agreements in the Workplace
Mutual separation agreements are increasingly utilized as a structured mechanism through which employers and employees may agree to terminate - READ MORE
Inherent Requirements of the Job: When Can Employers Justifiably Differentiate?
South African labour law provides robust protection against unfair discrimination in the workplace. Employers may generally not make employment - READ MORE
Artificial Intelligence in the Workplace: A Tool, Not a Substitute
Artificial Intelligence (AI) has become an increasingly valuable tool in the modern workplace. Employees use AI-powered platforms to draft - READ MORE
Employment of Foreign Nationals: Employer Compliance
Recent announcements by President Cyril Ramaphosa regarding the government's approach to migration management have renewed focus on employer compliance - READ MORE
Demotion as an Unfair Labour Practice in South African Law
Demotion remains one of the more contentious forms of managerial action in South African labour law, particularly where employees - READ MORE
Confessing Misconduct: The Evidentiary Limits of Employee Admissions
The evidentiary value of employee confessions in workplace disciplinary proceedings remains one of the more nuanced aspects of South - READ MORE
Claims in Terms of Section 73A of the BCEA and the CCMA’s Jurisdiction
Section 73A of the Basic Conditions of Employment Act 75 of 1997 (“BCEA”) has significantly expanded the CCMA’s jurisdiction - READ MORE
New Bargaining Council Signals Major Cleaning Sector Shift
A significant development for South Africa's contract cleaning industry has taken place following the registration of the Regional Bargaining - READ MORE
Can Employees Rely on Mental Health as a Defence in Workplace Proceedings?
Mental health has become an increasingly prominent issue within South African workplaces. Employers are more frequently confronted with employees - READ MORE
Incompatibility in the Workplace: When Dismissal Works
Incompatibility in the workplace is a recognised, but often misunderstood, concept in South African labour law. Unlike misconduct, it - READ MORE
Anonymous Workplace Complaints: Fair Process and Risk
Anonymous complaints are an increasingly common feature of the modern workplace. Whether submitted through whistleblowing hotlines, internal reporting platforms, - READ MORE
From Submission to Strategy: Beyond the WSP/ATR Submission
As the annual Workplace Skills Plan (WSP) and Annual Training Report (ATR) submission period draws to a close, employers - READ MORE
Refusal to Follow a Lawful Instruction: When Dismissal Is Justified
Refusal to comply with a lawful and reasonable instruction remains one of the most serious forms of workplace misconduct. - READ MORE
Minister Extends NBCPSS Levy Amending Agreement To Non-Parties
In a significant development for the private security industry, the Minister of Employment and Labour has formally extended the - READ MORE
Protected vs Unprotected Strikes in South Africa: Is the Bargaining Framework Still Credible?
The right to strike is entrenched in section 23(2)(c) of the Constitution of the Republic of South Africa, 1996 - READ MORE