LABOUR LAW ARTICLES
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Landmark ConCourt Judgment Reinforces Employee Rights in Transfer Case
Introduction The case of Africa Online Operations (Mauritius) Limited v Scanlon and Others has emerged as a landmark decision by the Constitutional Court of South
Whistleblower Dismissal: Understanding Legal Remedies in South Africa’s Labour Landscape
Unpacking the case of Passenger Rail Agency of South Africa and Others v Ngoye and Others. Introduction: Martha Ngoye, a former legal executive at South
Seokwane v Bidvest Prestige Cleaning Services: Unfair Dismissal of Elderly
Introduction: In South Africa, laws prohibit unfair discrimination in employment based on age. However, certain provisions allow for fair dismissal upon reaching the normal or
Confessions In Employment Law – Brauns And Others v Wilkes N.O And Others
Introduction: In the case of Brauns and Others v Wilkes N.O and Others, the Labour Appeal Court (LAC) dealt with the dismissal of former employees
High Court Rules Parental Leave Provisions Unconstitutional
Introduction In the case of Van Wyk and Others v The Minister of Employment and Labour, the High Court has made a significant ruling regarding
How the Shoprite Checkers Case Clarifies the Impact of Curators on Prescription Act for Mentally Incapacitated Claimants
Summary Learn how the Supreme Court of Appeal clarified that the appointment of a curator ad litem for a person with a mental disability does
Case Summary: Inherent Requirement of the Job – Unfair Discrimination
Introduction: The case of Damons v City of Cape Town revolves around the contentious issue of unfair discrimination in the workplace, focusing on the concept
Understanding Restraint of Trade Agreements and ‘Full and Final’ Settlements
In a recent case, Wheelwright v CP de Leeuw Johannesburg (Pty) Ltd, the Labour Appeal Court had to determine whether a Restraint of Trade Agreement
Employment Equity Amendment Act 2022: Key Changes Impacting South African Employers
By Sharusha Moodley On April 14, 2023, the Employment Equity Amendment Act 4 of 2022 (EEA Amendment) came into effect, bringing significant changes to South
Can a fixed term employee whose dismissal is found to be unfair request reinstatement as a remedy?
By Sharusha Moodley, Bregman Moodley Inc Attorneys Once a dismissal is found to be unfair an arbitrator may order reinstatement, re-employment or compensation to an
Are you unhappy with your arbitration award?
By Sharusha Moodley A party who is dissatisfied with an arbitration award may seek to have it reviewed on limited grounds. It is important to
New Minimum Wage And the Earnings Threshold
The Earnings Threshold Effective from 1 April 2024 the earnings threshold will increase from R241 110.59 per annum (R20 092.54 per month) to R254 371.67