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Gross pay: the net effect...

DLA Cliffe Dekker Hofmeyr
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South Africa
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September 1 2010

What is the meaning of gross pay when calculating the annual earnings of an employee?

The rights of non-striking workers

DLA Cliffe Dekker Hofmeyr
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South Africa
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August 20 2010

The Constitution grants every worker the right to strike

Don't shoot the messenger

DLA Cliffe Dekker Hofmeyr
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South Africa
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June 21 2010

Mr. Weyers was employed by the City of Tshwane Metropolitan Municipality as a Managing Engineer: Power System Control, whose key functions included safe electrical operations on the network

Amending earnings threshold

DLA Cliffe Dekker Hofmeyr
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South Africa
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January 12 2011

During December 2010 the Minister of Labour requested the Employment Conditions Commission to review the Earnings Threshold determined in terms of the Basic Conditions of Employment Act 75 of 1997 (the BCEA

No second generation outsourcing, says SCA

DLA Cliffe Dekker Hofmeyr
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South Africa
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January 12 2011

The Supreme Court of Appeal (the SCA) yesterday overturned the finding of the Labour Appeal Court (LAC) whereby the latter held that so-called "second generation outsourcing" of a business or service falls within the ambit of Section 197 of the Labour Relations Act 66 of 1995 (the LRA

The employee's duty to advise the employer of breaches of the Competition Act

DLA Cliffe Dekker Hofmeyr
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South Africa
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April 6 2010

Firms are increasingly being taken to task by the Competition Commission and Tribunal in respect of contraventions of the Competition Act (the Act

To amend or not to amend - that is the question

DLA Cliffe Dekker Hofmeyr
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South Africa
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May 5 2011

Will a dismissal be procedurally unfair where the allegations of misconduct were amended by their employer after notifying the employer of the allegations?

Rather safe than sorry: is it best to appoint a facilitator?

DLA Cliffe Dekker Hofmeyr
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South Africa
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July 31 2011

Employers considering large-scale retrenchments should take the recent judgment of the Labour Appeal Court, De Beers Group Services (Pty) Ltd v NUM 2011 4 BLLR 319 (LAC), into account when planning the retrenchment process

Section 197: transfer of organisational rights

DLA Cliffe Dekker Hofmeyr
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South Africa
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July 31 2011

One of the aims of the legislature in introducing section 197 into the Labour Relations Act (LRA) was to deal with the common law rule that the obligations under a contract cannot be transferred unilaterally

Increase in the earnings threshold in the Basic Conditions of Employment Act

DLA Cliffe Dekker Hofmeyr
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South Africa
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October 23 2011

The Minister of Labour periodically adjusts the Earnings Threshold for employees, as he is empowered to do in terms of section 6(3) of the Basic Conditions of Employment Act 5 of 1997 (the BCEA

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