Employment Law

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Can employees be suspended without being afforded the opportunity to make representations?

Lawtons Africa

Aug 75 min read

Can employees be suspended without being afforded the opportunity to make representations?

Authors: Jason Shephard– Candidate Attorney Supervised by: Lavery Modise –Special Counsel This judgment concerns the issue of placing...

Is a criminal record a justifiable bar to employment or does it amount to unfair discrimination?

Lawtons Africa

Jul 184 min read

Is a criminal record a justifiable bar to employment or does it amount to unfair discrimination?

Is a Criminal Record a Justifiable Bar to Employment or Does it Amount to Unfair Discrimination?

Can employers be held liable for failing to timeously investigate sexual harassment claims

Lawtons Africa

Jul 104 min read

Can employers be held liable for failing to timeously investigate sexual harassment claims

In ZG / Massmart Wholesale (Pty) Ltd [2024] 3 BALR 350 (CCMA), the Commission for Conciliation, Mediation and Arbitration

Increase in the National Minimum Wage effective 1 March 2024

Lawtons Africa

Mar 82 min read

Increase in the National Minimum Wage effective 1 March 2024

On 3 February 2024, the Minister of Employment and Labour announced that the National Minimum Wage will increase

Lawtons Africa

Nov 21, 20233 min read

Male "maternity" leave

The constitutionality of section 25 of the Basic Conditions of Employment Act (BCEA) dealing with parental, adoption and commissioning paren

Exemptions from collective agreements are not for the asking or taking

Lawtons Africa

Nov 16, 20233 min read

Exemptions from collective agreements are not for the asking or taking

Collective agreements are the centrepiece of the labour dispensation in South Africa.

Framing ESG for employers in the South African context

Lawtons Africa

Nov 7, 20234 min read

Framing ESG for employers in the South African context

Environmental, Social and Governance (ESG) has been a topic of prominent discussion as of late.

Lawtons Africa

Jul 6, 20232 min read

Implications of the amended Equity Act

It is anticipated that with effect from 1 September 2023 certain changes will be made to the Employment Equity Act (EEA).

Influencers in the workplace: Can promotional work on social media be regarded as moonlighting?

Lawtons Africa

Jun 27, 20231 min read

Influencers in the workplace: Can promotional work on social media be regarded as moonlighting?

Lawtons Africa

Jun 9, 20234 min read

Influencers in the workplace: Can promotional work on social media be regarded as moonlighting?

The use of social media has many benefits; one of them being the creation of work and income opportunities, such as doing promotional work

Can the courts set aside collective agreements?

Lawtons Africa

Mar 9, 20223 min read

Can the courts set aside collective agreements?

Collective bargaining is the process by which employers and organised groups of employees seek to reconcile their conflicting goals through

Inquiry into an employee’s incapacity requires more from an employer than meets the eye

Lawtons Africa

Jan 27, 20225 min read

Inquiry into an employee’s incapacity requires more from an employer than meets the eye

Inquiry into an employee’s incapacity requires more from an employer than what meets the eye

When lines are blurred: Trade union or political party

Lawtons Africa

Jan 27, 20223 min read

When lines are blurred: Trade union or political party

Lawtons Africa

Nov 10, 20212 min read

COIDA covers COVID-19 side effects

Regulation 4(10) of the regulations under section 27(2) of the Disaster Management Act

The legality of mandatory COVID-19 vaccination in the workplace

Lawtons Africa

Oct 20, 20214 min read

The legality of mandatory COVID-19 vaccination in the workplace

It has been just over 19 months since the first positive COVID-19 case was identified and confirmed in South Africa.

Restraints remain valid during the pandemic

Lawtons Africa

Sep 8, 20216 min read

Restraints remain valid during the pandemic

On 20 May 2021, in the case of Bulldog Abrasives Southern Africa (Pty) Ltd v Davieand Another the Labour Court found that while the Covid-19

Looting and civil unrest: The danger of acting with a common purpose

Lawtons Africa

Sep 6, 20214 min read

Looting and civil unrest: The danger of acting with a common purpose

The arrest of former State President Jacob Zuma sparked civil unrest across the country, particularly in KwaZulu-Natal and Gauteng.

Football club sales: A Labour Law perspective

Lawtons Africa

Jun 22, 20214 min read

Football club sales: A Labour Law perspective

The implications of section 197 of the Labour Relations Act on the transfer of status of football clubs.

Lawtons Africa

May 4, 20213 min read

Trade Unions and The Pandemic

Workers’ Day on 1 May commemorates and acknowledges the role of trade unions in the South African economic landscape as facilitators...

What’s Up with the WhatsApp privacy updates and what does it mean for work WhatsApp groups?

Lawtons Africa

Mar 12, 20213 min read

What’s Up with the WhatsApp privacy updates and what does it mean for work WhatsApp groups?

A quick answer is that employees and employers do not have to worry about the WhatsApp privacy updates, yet.