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Fasken | South Africa | 24 Mar 2023
Labelling misconduct - a source of clarity or confusion
In the workplace there is a temptation to label alleged misconduct, either because we consider doing so makes the misconduct appear more serious, or…
Bowmans | South Africa | 26 Oct 2022
Working beyond retirement age – LAC confirms legal position
🕑 5 minutes Whether it be for financial reasons, the desire to remain productive, or the ease with which employees can now work remotely, it has become increasingly common for employees to work beyond retirement age. Terminating such employees' employment after they have reached retirement age has historically been tricky territory for employers to navigate. After some diverging case law,......
Bowmans | South Africa | 24 Aug 2022
Smoke at your own risk – Labour Court confirms fair dismissal of employee for consuming cannabis at home
The Labour Court recently found that an employee's dismissal from Barloworld for the repeated use of cannabis in her own home did not constitute unfair discrimination or an automatically unfair dismissal. This decision illustrates, among other things, the importance of referring unfair dismissal disputes to the correct forum. Setting rules and implementing policies in the workplace remains......
ENSafrica | South Africa | 19 Apr 2022
Conflict of interest: do employees need to disclose their side businesses to their employer?
Moonlighting has become more common for those looking to make some extra money, but do employees need to disclose their side businesses to their…
ENSafrica | South Africa | 15 Feb 2022
Post-termination confidentiality restrictions: are they worth anything?
The value of post-termination confidentiality and non-disclosure restrictions on employees is often questioned, with employers (and employees)…
Baker McKenzie | South Africa | 15 Oct 2019
Proposal Not Demand: Steel Company Used Sensible Means to Save Jobs
The Labour Appeal Court recently handed down judgment in the case of National Union of Metalworkers of South Africa and others v Aveng Trident Steel…
Fasken | South Africa | 31 Jul 2019
Symptoms of Withdrawal
The Labour Court's different approach to the deemed withdrawal of review applications…
Fasken | South Africa | 17 Jul 2019
When will operational requirements justify the dismissal of employees who reject an employer’s demands to amend terms and conditions of employment?
In National Union of Metalworkers of South Africa (NUMSA) obo members and Aveng Trident Steel (A division of Aveng Africa (Pty) Ltd) (2019) (Aveng)…
Fasken | South Africa | 24 Apr 2019
Just because some employees are on strike doesn’t mean that all the employees are on strike.
The title of this email note would appear to be an obvious truism, but it was one that recently came to hurt an employer resulting in the…
ENSafrica | South Africa | 9 Apr 2019
Time is of the essence … procedurally speaking
Dismissals for misconduct are required to be for a fair reason and in accordance with a fair procedure. A fair procedure entails that Disciplinary…
