It is axiomatic that fairness implies validity because otherwise employees could be dismissed for reasons that actually have nothing to do with the enterprise itself. Click for a good example of invalidity So assuming employees...
Read MoreParental leave introduced with effect from 1 January 2019 ito the Labour Laws Amendment Act 10 of 2018 (published in GG 42062 in vol 641 on 27 November 2018: 1305) brought into effect on 12 December 2018 (vol. 642 12 December...
Read MoreAmended CCMA Rules have been published in the Government Gazette and take effect on January 1, 2019 and are repeated here for easy reference. DEPARTMENT OF LABOUR: NOTICE 776 OF 2018 (42092) Labour Relations Act (66/1995):...
Read More“Constituted as it is, the human race cannot exist without vast numbers of workers who have no property at all, for certainly a man in easy circumstances will not leave his own land to cultivate yours; and if you want a pair of...
Read MoreDefining biological characteristics: In Rahube v Rahube (CCT 319/17) [2018] ZACC 202 (30 October 2018) the constitutional court helpfully explained the difference between the words ‘sex’ and ‘gender’...
Read MoreFactual disputes Resolving factual disputes in necessary in almost all legal proceedings but different approaches are adopted depending on the nature of the proceedings and whether actual evidence is adduced or whether the court...
Read MorePrivacy rights were considered in detail, including the nature and scope of the right to privacy, by the Constitutional Court in the recent judgment concerning the possession and use of cannabis. Extracts from the judgment are...
Read MoreFor subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...
Read MoreFrom time to time we receive general and nine important questions and the answers should assist in resolving some common misperceptions about the practical application of labour law. It often happens that unwary senior managers...
Read MoreMatters of importance Minutes of meetings: “In addition, as is clear from what I have already said, the respondents’ argument is based in various respects upon what was or was not said at a number of NSM board meetings, relying...
Read MoreEconomic determinism: Barack Obama, the former US President, delivered the 2018 Nelson Mandela Annual Lecture at the Wanderers cricket stadium in Johannesburg on 17 July 2018. Here is an excerpt from the lecture. “Now, I...
Read MoreUSA agency fees: The extraction of agency fees by the State of Illinois from public-sector employees who did not consent violates the First Amendment and Abood erred in concluding otherwise and stare decisis cannot support it. ...
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