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Employee Law
Constitutional Court determines the fate of Labour Brokers

Constitutional Court determines the fate of Labour Brokers

The deeming provision in s198A(3)(b)(i) of the Labour Relations Act (LRA) provides that an employee of a Temporary Employment Service (TES) not performing a temporary service for the client is “deemed to be the employee…

Employee Law
How honest employees become criminals

How honest employees become criminals

The incidents in information security might occur due to the fault of the most respectable employees. We have been working on the development of corporate systems to prevent information leakage – DLP (Data Loss Prevention)…

Employee Law
Why “troubled” employees are a threat to your business

Why “troubled” employees are a threat to your business

Gamblers, terrorists, haters and other risk groups can threaten business information security. But should an employer be interested in the personal life of employees? The question alone can trigger indignation – if employees cope well…

Employee Law
What is the “new” exemption for Zimbabweans?

What is the “new” exemption for Zimbabweans?

The Minister of Home Affairs announced on the 8th September 2017 that with effect from the 1st January 2018 and subsisting for a period of four (4) years from that date, a new exemption dispensation…

Employee Law
Unions and their members’ jobs

Unions and their members’ jobs

Do trade unions have the right to make decisions on behalf of members? The labour court, in Fakude and 25 Others v Kwikot (Pty) Ltd (2013) 24 SALLR 295 (LC), had the opportunity of considering…

Employee Law
Who resolves breach disputes?

Who resolves breach disputes?

Labour court rules that the bargaining council has jurisdiction to entertain a dispute. The labour court, in PSA (obo L Liebenberg) v Department of Defence, Public Service Co- Ordinating Bargaining Council and Maritz NO (2013)…

Employee Law
Breathalyser testing of employees continued …

Breathalyser testing of employees continued …

Nature of strikers’ demand and protectedness of the strike. In her report to the Executive Director: Corporate Services dated 12 April 2013, Ms Joja repeated the EXCO’s recommendations and stated: “Negotiations with labour were initiated…

Employee Law
Establishment of picketing rules

Establishment of picketing rules

Labour Court considers the CCMA role in establishing picketing rules. The labour court, in SA Airways v SA Transport and Allied Workers Union and Others (2013) 24 SALLR 296 (LC), had the opportunity of considering…

Employee Law
What is the difference between immigration law vs labour law?

What is the difference between immigration law vs labour law?

In 2014, the President and the then Minister of Home Affairs signed the new regulations to the Immigration Act, No 13 of 2002 (IA). These regulations contain various additions, but of note are certain regulations…

Employee Law
How is the relationship between employer and employee affected in the workplace?

How is the relationship between employer and employee affected in the workplace?

The processes related to workplace discipline often confound employees. Whether this is the result of lapping up Suits or Law & Order is an open question, but we frequently see employees misconceiving their rights and…