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?
The Constitutional Court declared the criminal prohibition against adults cultivating, possessing, and using cannabis in the privacy of their homes unconstitutional.
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.
The case dealt with the fairness of dismissal. The question was whether the failure to disclose criminal charges and a previous dismissal justified termination. The CCMA concluded that there is generally no obligation to disclose such information unless it directly affects the applicant's suitability for the job.
In a landmark ruling, the Constitutional Court held that employers are not obliged to consult with minority trade unions during retrenchment processes. Get insights from the case of Association of Mineworkers and Construction v Royal Bafokeng Platinum
The Employment Equity Amendment Act has made a number of changes which seek to shape the employment equity landscape and will cause companies to have to change their practices significantly in certain respects.
