Employment and Labour Law Update: October 2024
A selection of references from the October 2024 issues of the Lexinfo Employment and Labour Law Alert.
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Ivan Israelstam
Sep 183 min read
Silence can mean consent!
The Labour Relations Act (LRA) gives the Labour Court and Labour Appeal Court numerous and strong powers to make decisions relating to...
13 views
Ivan Israelstam
Sep 23 min read
Investigation is an art and a science.
Employers often fail to investigate allegations of misconduct or poor performance properly because they are busy, because of feelings of...
6 views
Ivan Israelstam
Aug 263 min read
Dismissing union activists can shake the labour law tightrope
The rights of workers to join trade unions and to participate in their activities is heavily protected by the Constitution and by the...
7 views
Ivan Israelstam
Apr 293 min read
Confessions Not Always Irrefutable
While it is understandable that some employers assume that employees who confess to misconduct can be automatically fired...
16 views
Ivan Israelstam
Apr 224 min read
The LRA And Unfair Labour Practices
The Labour Relations Act (LRA) does not define the meaning of “unfair” but describes “Unfair labour Practice” as “any unfair act...
26 views
Danielle Geldenhuys
Mar 181 min read
Law@Work. – 6th ed. LexisNexis, 2023.
Product description: “This book is aimed at students of labour law and is useful as a first point of reference for practitioners...
96 views
Ivan Israelstam
Jan 104 min read
Suspend employees with care
There is a very big and clear difference between a suspension and a dismissal. A dismissal brings the employee’s employment to...
9 views
Ivan Israelstam
Nov 20, 20234 min read
Accused employees have the right to challenge the evidence against them
Every employee who is charged with workplace misconduct has the legal right to challenge all the evidence brought by the employer...
44 views
Ivan Israelstam
Nov 17, 20233 min read
Court findings drive employers to drink
The Rustenburg Platinum finding and the Shoprite Checkers finding that I discussed in previous articles show that arbitrators and judges...
17 views
Ivan Israelstam
Oct 30, 20233 min read
There are degrees of dishonesty
The law does allow employers to dismiss employees for dishonesty. This is because dishonesty can destroy the ability of the employer...
27 views
Ivan Israelstam
Oct 4, 20233 min read
Fixed-term employment contracts not always appropriate.
The Labour Relations Act provides for fixed-term employees to have a reasonable expectation of renewal of their contracts at the expiry....
13 views
Ivan Israelstam
Sep 18, 20234 min read
Deal with misconduct expeditiously
The adage that justice delayed is justice denied applies to labour law in the sense that employers that act too slowly can be found to be...
23 views
Ivan Israelstam
Sep 12, 20233 min read
Beware firing genuinely sick employees
It is a major challenge for employers to distinguish between employees who are genuinely sick from those who are malingering...
16 views
Ivan Israelstam
Aug 28, 20233 min read
Strikes are a symptom of discord
The Cape Town taxi strike created severe harm to employers, employees and the taxi industry alike...
10 views
Ivan Israelstam
Jul 31, 20233 min read
Labour brokers not a cure all for legal restrictions
It is common for employers to try to avoid employing employees directly and often prefer to use alternative and temporary resources such...
7 views
Ivan Israelstam
Jul 27, 20234 min read
Ignore the audi alteram partem rule at your peril
Schedule 8 of the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee ...
26 views
Danielle Geldenhuys
Mar 20, 20233 min read
Beware disciplining employees for off-site misconduct
What rights do employers have to discipline employees for misconduct perpetrated outside the workplace?...
8 views
Adami Geldenhuys
Feb 23, 20231 min read
New earnings threshold published in terms of the Basic Conditions of Employment Act 75 of 1997
New earnings threshold in terms of Basic Conditions of Employment Act
62 views
Ivan Israelstam
Feb 8, 20233 min read
Labour law provides few employer protections
South Africa’s Labour Relations Act of 1956 was replaced soon after the transition of government in the mid 1990s...
15 views
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