LABOUR LAW ARTICLES

The maternity leave options contemplated in terms of the Basic Conditions of Employment Act, 1997 (“the BCEA”) provide that: A mother has the right to

CCMA certification of an award found to be ultra vires. The Labour Court recently considered the effect of the amendments to the LRA and in

A worker, placed at a client by a labour broker, has two employers, once he has worked for the client for more than three months.

The Labour Appeal Court had to consider this in Shoprite Checkers (Pty) Ltd v Tokiso Dispute Settlement and Others (JA 49/14) [2015] ZALAC 23. Shoprite

In terms of section 145 of the LRA, a party may apply to the Labour Court on the basis of an alleged defect with a

Can an employee rely on Close Circuit TV (CCTV) evidence in a dismissal hearing? The crisp issue is this: is it a requirement for employers

Time limits: Unfair dismissal disputes must be referred to conciliation within 30 days of the date of dismissal; An unfair labour practice dispute must be

A client asked me if an employer is obliged to accept an employee’s resignation before or during a disciplinary hearing, when he (or she) is

To prevent your staff, especially buyers, from being tempted to accept ‘gifts’ for favours, you may want to implement this basic policy. POLICY GUIDELINES REGARDING

The recent amendments to the LRA have dramatically simplified the recovery process to enforce an unpaid arbitration award, in terms of S143. In the past,

The provisions in the Basic Conditions of Employment Act that apply to annual leave do not apply to an employee who works less than 24

In Mawer v Nortech International (Pty) Limited [2014] JOL 32512 (LC) the Labour Court had to consider whether Mawer’s retrenchment was substantively and procedurally fair