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Employee Law
How not to get caught short when you’re calculating employees’ leave pay

How not to get caught short when you’re calculating employees’ leave pay

In 2003, the Minister of Labour issued a schedule to clarify the requirements of the Basic Conditions of Employment Act (BCEA) for the correct calculation of leave pay, notice pay and severance pay. Some 13…

Employee Law
Why all arbitrations are not created equally

Why all arbitrations are not created equally

Private arbitration clauses are a common feature in employment contracts. It is often argued that the private arbitration process provides parties with more control over the entire arbitration process – from choosing the arbitrator, the…

Employee Law
What is the application of changes to the LRA?

What is the application of changes to the LRA?

Whether the employees’ fixed term contracts were cancelled to avoid the ‘deeming provisions’ of the Labour Relations Act (LRA)?  If so, whether the termination of the contracts should be regarded as an unfair dismissal? Court’s…

Employee Law
Why investigate an employee?

Why investigate an employee?

When an employer has reason to believe that an employee has committed serious misconduct it may be necessary to conduct an investigation prior to commencing a disciplinary process. The Code of Good Practice: Dismissal (Schedule…

Employee Law
Can a sanction of a final written warning be substituted with one dismissal appeal?

Can a sanction of a final written warning be substituted with one dismissal appeal?

In the case of Opperman v CCMA and Others (C530/2014) [2016] ZALCCT 29 (17 August 2016), the employee, who was employed as a nurse, was asked to undergo a breathalyser test by her employer. She…

Employee Law
Whose responsibility is it anyway?

Whose responsibility is it anyway?

It is not uncommon in construction contracts for a contractor to be replaced with an alternative contractor prior to completion of the works. Should an employer require that the ‘incoming’ contractor is to assume responsibility…

Employee Law
Validity of agency shop agreement and the applicability of s77

Validity of agency shop agreement and the applicability of s77

Labour Court clarifies between legality and constitutionality. The labour court, in UASA and Association of Mineworkers and Construction Union v BHP Billiton Energy Coal South Africa and National Union of Mineworkers (2013) 24 SALLR 82…

Employee Law
Can employees interdict their intended dismissals?

Can employees interdict their intended dismissals?

The Labour Court recently revisited this issue in its judgment handed down on 6 June 2014, in Mmatli & 19 Others v Department of Infrastructure Development (Gauteng Province), J1238/14. The applicant employees were historically employed…