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Employee Law
The Labour Appeal Court: Sexual harassment in the spotlight

The Labour Appeal Court: Sexual harassment in the spotlight

In the case of MEC for Education (North West Provincial Government) v M (JA37/2012) [2017] ZALAC 13 (3 February 2017), a school principal was disciplined for sexually harassing a fellow teacher on two separate occasions.…

Employee Law
What is the impact of Pinterest on copyright laws

What is the impact of Pinterest on copyright laws

The traditional realm of copyright is being tested in a world where “liking”, “retweeting”, and “pinning” have become part of everyday life. Pinterest has made it easy for users to collect images and inspiration for…

Employee Law
What is the prescription of Arbitration Awards?

What is the prescription of Arbitration Awards?

The issue of whether arbitration awards prescribe after the three-year lapse, has been considered in numerous conflicting judgments of the Labour Court. On 15 December 2016, the Constitutional Court clarified the position in the case…

Employee Law
Does the right to privacy of your mobile phone have limitations in the workplace?

Does the right to privacy of your mobile phone have limitations in the workplace?

Although an employee has a right to privacy, it is not absolute. The employee’s case, in NUMSA and Another v Rafee N.O. and Others (JR1022/12) [2016] ZALCJHB 512, was that the employer’s instruction that he…

Employee Law
Why you need to treat labour disputes urgently

Why you need to treat labour disputes urgently

Time is of the essence when dealing with labour disputes and litigants should be mindful that they need to treat these disputes with urgency. The Labour Court in Johannesburg has recently implemented a pre-enrolment practice…

Employee Law
Did you know the CCMA has a say over employment disputes that arise abroad?

Did you know the CCMA has a say over employment disputes that arise abroad?

A word of caution to South African companies with branches outside of South Africa: the Labour Appeal Court has confirmed in Monare v South African Tourism and Others [2016] (Monare) that the Commission for Conciliation,…

Employee Law
What you need to know about Family Responsibility Leave

What you need to know about Family Responsibility Leave

Traditional family units across the world have changed. The proposed changes to the Basic Conditions of Employment Act, No 75 of 1997 (BCEA) recognise those changes and the important roles that different people play in…

Employee Law
What happened with the dismissal of employees at the request of a third party?

What happened with the dismissal of employees at the request of a third party?

Issue: Whether the dismissal of the applicants amounted to an automatically unfair dismissal on the basis of gender. Court’s decision In the case of NUMSA and Others v High Goal Investments CC t/a Chuma Security…

Employee Law
What happens with resignation and disciplinary hearings

What happens with resignation and disciplinary hearings

In the recent unreported case of Kalipa Mtati v KPMG Services (Pty) Ltd (Case No: J2277/16), an employee submitted two resignation letters to her employer. Her first resignation letter was submitted after her employer informed…

Employee Law
How the dismissal process works

How the dismissal process works

Issue: When does a dismissal take place and what must be shown to prove that fact? Commissioner’s decision In the case of Makosi/Nqanqdo Trading Enterprise (2016) 25 CCMA 7.1.23, the applicant, Makosi, was working as…