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ENSafrica | South Africa | 2 May 2023
Using replacement labour when locking out employees "is in response to a strike" - what does this mean?
A recent Constitutional Court case had to consider the circumstances where an employer had instituted a lock-out and utilised replacement labour in…
ENSafrica | South Africa | 11 Apr 2023
Employment: Is the provision of membership forms a prerequisite for registered trade unions to obtain organisational rights?
Organisational rights are an important aspect of labour relations. However, the provision of these rights can be a contentious issue, with employers…
ENSafrica | South Africa | 22 Mar 2023
Section 197 of the Labour Relations Act: A shield or a sword?
The purpose of section 197 of South Africa's Labour Relations Act, 1995 ("LRA") is to protect and maintain employment in circumstances where a…
ENSafrica | South Africa | 28 Feb 2023
New minimum wage and earnings threshold set to impact South African employers
South African employers need to be aware that the minimum earnings threshold and national minimum wage have been significantly increased by the…
ENSafrica | South Africa | 7 Feb 2023
Does an aborted disciplinary process constitute disciplinary action short of dismissal?
There is ongoing debate as to what constitutes Disciplinary action short of dismissal under the Labour Relations Act, 1995 ("LRA"). Section 186(2) of…
ENSafrica | South Africa | 18 Oct 2022
Retirement: Clarity on an age-old debate
What are the legal consequences of an employee continuing to work after the employee has reached the agreed upon retirement age? Does a new contract…
ENSafrica | South Africa | 15 Aug 2022
Unions may litigate on behalf of employees in sectors falling outside the scope of their constitution
The South African Labour Appeal Court (“LAC”) recently handed down a judgment in the matter between the National Union of Metal Workers of South…
ENSafrica | South Africa | 12 Jul 2022
Can employers sue for financial losses incurred during a protected strike?
The possibility of strikes, whether protected or unprotected, is an ever-looming threat to South African businesses. These strikes almost always…
Bowmans | 15 Jun 2022
Constitutional Court settles law on various issues relating to large-scale retrenchments
The Constitutional Court recently handed down judgment in the matter of Solidarity obo Members v Barloworld Equipment Southern Africa and Others. The case is an important one. The Court settled various issues in relation to applications instituted in the context of a large-scale retrenchment exercise, in terms of section 189A(13) of the Labour Relations Act 1995.
ENSafrica | South Africa | 7 Jun 2022
Retrenching employees who refuse vaccination on the basis of operational requirements, and other options for employers
To date, over 35-million South Africans have been vaccinated. A contributing factor to this number is the mandatory vaccination policies implemented…
