by Ivan Israelstam
If you ever land up at the CCMA, you'll see retrenchment laws well summarised on their wall notices. Unfortunately, employers only get to see these summaries when it's too late, they've possibly unfairly dismissed an employee and the legal process has begun. In this article, find out what's the truth when it comes to retrenchment laws.
You don't need your employees' "permission" to retrench…Continue
Added by Lia Marus on March 28, 2014 at 6:00 — No Comments
by Mark Meyerowitz
According to s200(2) of the Labour Relations Act, No 66 of 1995 (LRA), an employee may be represented by an official from his trade union during proceedings at the CCMA. However, what if that employee isn’t a valid member of his union?
An interesting situation arose in the case of NUM obo Mabote v Kalahari Country Club (unreported judgment C1010/12 dated 21 June 2013). In this…
Added by Lia Marus on January 22, 2014 at 12:00 — No Comments
by Ivan Israelstam
You need to know that labour law is doesn’t exist in the statutes alone. Our labour legislation deals largely with broad legal principles but are, in many areas, sorely lacking when it comes to detail.
Added by Lia Marus on December 11, 2013 at 8:30 — No Comments
To stop unprotected strikes, most often employers who face this type of action look to interdict this type of unlawful behaviour from carrying on. However, often the employees and the responsible trade union simply disregard the provisions of the interdict. This has sparked the debate about if these interdicts are worth the paper they are printed on.
The recent decision of In2Food (Pty) Ltd v Food and Allied Workers Union ("FAWU") & others…Continue
Added by Lia Marus on July 16, 2013 at 7:30 — No Comments
by Gavin Stansfield
The balance was tipped in favour of employers in the recent Labour Appeal Court decision of Motor Industry Staff Association and another v Silverton Spraypainters and Panelbeaters (Pty) Ltd and two others  ZALAC 42 (LAC). Even though labour laws prohibit an employer from unilaterally changing terms and conditions of employment, this decision confirmed that employees do not have a vested right to preserve their working obligations…Continue
Added by Lia Marus on June 3, 2013 at 8:30 — No Comments
Cape Town - A Cape Town pupil in custody for allegedly shooting two fellow pupils apparently kept the pistol with him the whole day, the Cape Times reported on Thursday.
Oaklands High School pupils had seen the 14-year-old boy play with the gun during break time.
"He brought the gun to school and had it in his bag during class time. At first break he and some of his friends were playing with it. I saw him in the taxi…Continue
Added by Bronwyn Newman on February 7, 2013 at 14:04 — No Comments
I have decided to appoint Advocate Willem Heath as the new Head of the Special Investigating Unit (SIU) in terms of the Special Investigating Units and Special Tribunals Act of 1996, in order to strengthen the institutional capacity to fight crime and corruption. The appointment is with immediate effect.
The appointment will ease the pressure on Mr Willie Hofmeyr, the Deputy National Director of Public Prosecutions, who has headed the SIU in…Continue
Added by sylvia hammond on November 29, 2011 at 17:19 — No Comments
South Africans have been urged to take advantage of free legal assistance being offered at the country’s courts and Legal Aid Centres during this week.
These services are being made available to the public as part of the Department of Justice’s Access to Justice Week programme.
The aim of the programme, which is run in partnership with the South African Women Lawyers’ Association, is to provide a platform for women in the legal profession to give back to the…Continue
Added by sylvia hammond on August 23, 2011 at 12:44 — No Comments
Added by Bronwyn Newman on September 11, 2009 at 11:33 — No Comments