Labour Law Management Consulting
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... →
What powers do the Labour Courts have?
2nd October 2023 The Labour Relations Act (LRA) gives the Labour Court and Labour Appeal Court numerous and strong powers to make decisions relating to labour... →
Employers can make strikes unnecessary
28th August 2023 Should employees go on an unprotected strike they could theoretically be dismissed legitimately by the employer. This is because an unprotected... →
Forced changes to employment conditions not on
31st July 2023 Operational circumstances such as takeovers, reduced work orders and financial constraints often create the need for employers to change the... →
Lawyers may be allowed at disciplinary hearings
3rd July 2023 Item 4 of the Code of Good Practice: Dismissal (The Code) contained in Schedule 8 of the Labour Relations Act (LRA) states that, when an enquiry is... →
