Employment Law 3/4

News

Lawtons Africa

Mar 18, 20202 min read

Court directives on COVID-19

In light of the State of Disaster in South Africa due to the COVID-19 virus the Chief Justice Mogoeng Mogoeng has issued directives which...

Coronavirus – why South African employers have a common law duty to care

Lawtons Africa

Mar 11, 20205 min read

Coronavirus – why South African employers have a common law duty to care

The Coronavirus outbreak has now reached South Africa as more and more cases are confirmed and South Africans from Wuhan Province in...

Workplace Accountability – No one to blame?

Lawtons Africa

Mar 11, 20209 min read

Workplace Accountability – No one to blame?

In mid-December 2019, the Supreme Court of Appeal handed down judgment in Komape & Others v Minister of Basic Education & Others ...

Proposed Amendment to the Films and Publications Act

Lawtons Africa

Jan 30, 20203 min read

Proposed Amendment to the Films and Publications Act

The Films and Publications Amendment Act which has been ratified but is not yet in operation handles essential aspects of publication of...

Employment Claims – The Labour Court or the High Court?

Lawtons Africa

Jan 17, 20203 min read

Employment Claims – The Labour Court or the High Court?

As employees increasingly turn to the civil courts in pursuing claims against employers, the Supreme Court of Appeal (SCA) has reaffirmed...

Claims under the Basic Conditions of Employment Act: clarity at last

Lawtons Africa

Jan 9, 20203 min read

Claims under the Basic Conditions of Employment Act: clarity at last

The Constitutional Court in Amalungelo Workers' Union and Others v Philip Morris South Africa (Pty) Limited and Another (26 November...

The national minimum wage – one year later

Lawtons Africa

Jan 9, 20203 min read

The national minimum wage – one year later

By the end of last year, an amendment to the Act was proposed to correct a technical error that would allow the absurd situation of the...

MEDIA STATEMENT: Legal system crucial to mitigating sexual harassment and violence in workplaces

Lawtons Africa

Dec 3, 20194 min read

MEDIA STATEMENT: Legal system crucial to mitigating sexual harassment and violence in workplaces

The South African legal fraternity is joining voices in support of the 2019 campaign for 16 Days of No Violence against Women and Childre...

Preventing harassment and violence in South African workplaces

Lawtons Africa

Nov 15, 20194 min read

Preventing harassment and violence in South African workplaces

In 2019, the International Labour Organization (ILO) adopted a new Violence and Harassment Convention.

Lawtons Africa

Dec 31, 20174 min read

Developments with the PDA

Whistleblowing is defined as raising a concern about wrongdoing within an organisation. The Protected Disclosures Act 26 of 2000 (PDA)...

How the City of Johannesburg fell from the fireman's pole

Lawtons Africa

Sep 30, 201711 min read

How the City of Johannesburg fell from the fireman's pole

Bekker CJ, Mohamed CJ and Zondo JP long observed that "racist conduct requires a very firm and unapologetic response from the courts...

In what direction will Uber drive SA labour laws?

Lawtons Africa

Aug 31, 20171 min read

In what direction will Uber drive SA labour laws?

The recent CCMA ruling in favour of Uber drivers now heads to the Labour Court. This is an extremely important case as South African...

When the costs of litigation catch up with delinquent state actors

Lawtons Africa

Aug 17, 20172 min read

When the costs of litigation catch up with delinquent state actors

In July last year the Labour Court handed down a very important judgment against the SABC, in which it reinstated a number of dismissed...

Temporary Employment Services - new ruling

Lawtons Africa

Jul 12, 20172 min read

Temporary Employment Services - new ruling

The Labour Appeal Court has set aside the judgment of Brassey AJ in the matter of Assign Services and NUMSA on 10 July 2017. The case...

Lawtons Africa

Jul 12, 20174 min read

The end of an era

Is labour broking in the South African Workplace at the tail end (in relation to employees who earn below the current threshold of...

Labour law should not be an afterthought

Lawtons Africa

Jun 30, 20173 min read

Labour law should not be an afterthought

South African labour relations has over time become dominated by a large number of advisors and it is important that an organisation...

Lawtons Africa

Jun 30, 20173 min read

In times of union rivalry

SAFTU recently launched itself under the name South African Federation of Trade Unions and enters into the fray on the heels of four...

Derogatory... racist, or simply a racial descriptor?

Lawtons Africa

Jun 30, 20174 min read

Derogatory... racist, or simply a racial descriptor?

In a previous edition of our newsletter, we featured the very important Constitutional Court judgment in SARS v Kruger & Others where the...

Lawtons Africa

Feb 28, 20173 min read

Investigating employee misconduct

This article examines whether an employer can be sued for defamation, by an employee for comments made during an investigation conducted...

Lawtons Africa

Dec 2, 20162 min read

Debunking general misconceptions

Some general misconceptions we encounter in practice – Restraints of trade: Arising from the constitutional right to work, I've been...