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
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
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
Fixed-Term Contracts and Business Transfers Under the LRA
The protection of job security remains a central objective of the Labour Relations Act 66 of 1995 (LRA). Two - READ MORE
Fired Over a WhatsApp Message: When Private Chats Cost You Your Job
In the modern workplace, employees frequently use messaging platforms such as WhatsApp to communicate with colleagues outside of working - READ MORE
Can a Company Use Employees in Any Capacity It Wishes?
In South Africa, employment relationships are governed by contracts of employment, the Labour Relations Act (LRA), any applicable collective - READ MORE
Not Drunk, Just Energised – Breathalyser Results Alone May Not Always Be Sufficient to Justify Dismissal
Breathalyser dismissal cases often arise from unexpected workplace scenarios, particularly in high-pressure roles. The workplace can be a stressful - READ MORE
Incapacity due to Ill Health – Assessing the Extent of the Employer’s Duty to Accommodate an Employee
Incapacity due to ill health is a sensitive issue in the workplace that requires careful navigation. South African labour - READ MORE
Employers Obligations regarding Reinstatement Orders
Employer obligations regarding reinstatement orders come into sharp focus when the CCMA rules in favour of an employee. But - READ MORE
The Role of the CCMA
The Commission for Conciliation, Mediation and Arbitration, more commonly referred to as “the CCMA”, was established in terms of - READ MORE
Rights of Casual Workers in South Africa
Casual worker rights in South Africa are often misunderstood or overlooked by employers, despite their significant legal and operational - READ MORE
Disputes at the CCMA: Unfair Dismisaal vs Unfair Labour Practice
While the majority of the cases referred to the CCMA concern allegations of unfair dismissal, there are numerous other - READ MORE
Effectively Managing Employees through Progressive Discipline
Progressive discipline in the workplace, which is also sometimes referred to as corrective discipline, is a strategy used to - READ MORE
Power of CCMA Commissioners to Dismiss Matters Due to Lack of Diligent Prosecution
CCMA Dismissal for Lack of Prosecution highlights the critical need for diligent case progression within the dispute resolution process. - READ MORE
Automatically Unfair Dismissal for a Protected Disclosure – the Case of Railway Safety Regulator v Kekana
The terms “protected disclosures” or “whistleblowing” are not new phenomena to the employment law landscape, but there is often - READ MORE