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
November 2, 2023
LABOUR LAW ARTICLES
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
September 15, 2023
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
August 29, 2023
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
July 3, 2023
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
May 19, 2023
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
May 16, 2023
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
March 8, 2023
New minimum wage and the earnings threshold
By Sharusha Moodley The Minister of Employment and Labour increased the earnings threshold and the national minimum wage, effective from 1 March 2023, as follows:
March 7, 2023
Employment Law in South Africa
The implementation of labour laws in South Africa is a relatively new development. The need arose from the imbalance of power that has traditionally been
November 17, 2022
The Construction of a Contract
A contract is an enforceable agreement where willing parties with capacity agree to specific terms in exchange for something. It contains a promise to do
October 20, 2022
My employer has refused to accept my sick note and is withholding my pay
By Dean Brainin An employer refuses to accept a sick note/medical certificate from an employee signed off by a clinic sister and withholds the employee’s
July 20, 2022
Code of good practice on the prevention and elimination of harassment in the workplace.
Under the Employment Equity Act, the Minister of Employment and Labour has published on 03 March 2022 the new: CODE OF GOOD PRACTICE ON THE
March 25, 2022