Labour Law Management Consulting
Outsourcing laws might apply to contractor takeovers
28th June 2024 Section 197 of the LRA requires that, where a business or part thereof is taken over as a going concern the new owner must take over the staff from... →
Will the National Health Insurance Act handicap employers?
3rd June 2024 The implementation of the National Health Insurance Act (NHI Act) could seriously handicap disabled and sick employees as well as their employers.... →
Disciplinary hearings must be above board
2nd May 2024 There are several unfair methods that might be used at disciplinary hearings, appeal hearings and arbitration hearings. These unsavoury tactics... →
Employers must learn to walk the Labour Law tightrope
2nd April 2024 Section 23(1) of the Constitution of South Africa provides that “Everyone has the right to fair labour practices.” This would mean that both... →
Foreign employers can’t escape South African labour law
29th February 2024 A branch of a foreign company based in South Africa is not considered to be on foreign soil and is therefore subject to South African law. Our laws... →
Don’t delay the bringing of charges – And don’t bypass your own disciplinary policies
31st January 2024 The Labour Courts are most intolerant of employers who do not follow their own disciplinary policies and who cannot justify their dismissal... →
The Awards of Arbitrators must be rational
8th January 2024 I often receive calls from angry employers who, having been certain of success at arbitration, have received notice that they have lost the case.... →
What is a fair reason to retrench?
30th October 2023 Section 213 of the LRA indicates that the reasons for retrenchment may be based on the economic, technological, structural or similar needs of the... →