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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

From Facebook rant to facing dismissal

DLA Cliffe Dekker Hofmeyr
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South Africa
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February 23 2010

Does an employer have the right to take disciplinary action against an employee for creating a racist Facebook page?

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?

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

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

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

What’s the purpose of having your cake if you can’t eat it?

DLA Cliffe Dekker Hofmeyr
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South Africa
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February 27 2012

The Labour Court recently confirmed that an employer cannot escape an order of reinstatement where its own conduct resulted in the continued employment being made intolerable

Interdicting disciplinary hearings

DLA Cliffe Dekker Hofmeyr
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South Africa
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March 12 2012

Recent judgments in the Labour Court (Court) show that there are still employees who seek to urgently interdict disciplinary proceedings against them

Off duty misconduct

DLA Cliffe Dekker Hofmeyr
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South Africa
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June 25 2012

Can an employee be disciplined for a misconduct committed outside the employer's workplace?