Explore the principles of bumping in retrenchments, including horizontal and vertical bumping, and insights from South African Labour Appeal Court rulings on fair dismissal practices.
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An employer may refuse to accept a resignation that is not compliant with notice requirements, but cannot refuse one that follows the contract or legal regulations.
An employer is not expected to endure an employee’s prolonged absence from work for incapacity due to ill health and it may, if it is fair in the circumstances, exercise an election to terminate the employment relationship.
In this article we address the age-old question of whether an aggrieved employee may be represented in litigation proceedings by any trade union. The question was finally answered by the Constitutional Court in its judgement delivered on the 21st day of June 2024
This article explores unequal pay and the legal complexities around a case of alleged unfair discrimination based on differences in remuneration between employees of the same employer performing the same or substantially the same work or work of equal value.
The submission of a fraudulent medical certificate to justify an employee’s absence from work is amongst one of the most common types of misconduct for which an employee may be summarily dismissed.
Into the Abyss with Cannabis - Balancing the right of an employer to decide its operational needs and an employee’s right to consume cannabis privately. Where to from here?
An Update on the New BCEA Leave Provision: Landmark Judgement: What is the effect?
The Constitutional Court declared the criminal prohibition against adults cultivating, possessing, and using cannabis in the privacy of their homes unconstitutional.
On 2 February 2024 the Minister of Employment and Labour amended the national minimum wage.
President Cyril Ramaphosa has declared 15 December 2023 as a national public holiday in addition to16 December. The occurrence of these two consecutive public holidays raises considerations for both employers and employees.
Landmark Ruling: High Court Declares Parental Leave Provisions Unconstitutional