Applying employment law: Two schools of thought
Watching the Senate debates in the USA concerning the appointment of a member of the highest court to replace the recently deceased associate judge it became noticeably clear that there are two distinct schools of thought concerning the interpretation and application...
Protected: Independent impartial judiciary: Real constitutional democracy
Protecting racehorses considered : just or fair punishment?
Employment rights Employees have constitutional rights, which include the right neither to be unlawfully nor unfairly dismissed. Lawfulness requires proof of gross misconduct before employers may dispense with reasonable notice of termination. Fairness obliges...
Repudiating employment contracts: Trust and confidence
During 1996 the Employment and Industrial Relations Journal of the International Bar Association published an article written by Graham Giles just before the newly adopted Labour Relations Act, 1996 came into force in November 1996. For the record the original...
Lifting Covid-19 restrictions: John Patten’s analysis
John Patten shares his thoughts on current events and ponders the political consequences of the latest decisions regarding the Covid-19 pandemic. It is worth pondering . . . what was the clinching factor that caused the government to make wholesale cuts, effective...
New labour market: Accommodation and conflict
Looking back to the early days and before the introduction of the Labour Relations Act of 1995 it is interesting to find out what the new government had in mind at the time. Recently a speech delivered by the current Minister of Finance was found while sorting old...
Human resource code: Equity policies and practices
Code of Good Practice An extremely important Code of Good Practice for human resource practitioners and all those in providing advice in the field of employment and labour law. Published in the Government Gazette on 4 August 2005. "Objectives 2.1. The objective of...
Temporary relief scheme: Amended Covid-19 Directive
Covid-19 temporary employee / employer Relief Scheme (C19 TERS) Combined and updated version of the Directive issued by the Minister of Employment and Labour (Minister) on 25 March 2020 and amended on 6, 16 , 20 and 30 April 2020 and 25 May 2020, all of which are...
CCMA offices open: From 18 May 2020
Statement issued by Director of the CCMA 1. This communication is compliant with all Directives and Regulations, particularly those issued by the Minister of Employment and Labour and the Minister of Public Service and Administration, issued in terms of section 27(2)...
Directive e-commerce sales: Updated directions
DIRECTIONS REGARDING e-COMMERCE SALES DURING ALERT LEVEL 4 OF THE COVID-19 NATIONAL STATE OF DISASTER Regulation Gazette No. 11113 : Vol. 659 May 14 Mei 2020 No. 43321 : Department of Trade, Industry and Competition DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION : NO....