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Lawtons Africa
Nov 30, 20162 min read
South African Revenue Services v CCMA and others
On 8 November 2016 the Constitutional Court handed down a unanimous judgment in the matter ofSARS v CCMA and others. The Constitutional...
42
Lawtons Africa
Aug 31, 20162 min read
Inquiry by an arbitrator in circumstances of an alleged protected disclosure
The introduction of section 188A(11) of the Labour Relations Act:
The amendments to the Labour Relations Act (LRA) and other key...
106
Lawtons Africa
Jul 31, 20165 min read
Missing records
Records are also integral to the judicial process. This is especially so where an aggrieved party seeks to review a decision of the CCMA...
193
Lawtons Africa
Jul 31, 20166 min read
Not another memorandum of demand
Throughout our history, the workplace has been one of the bastions through which political rights were asserted. We were naive, not only...
52
Lawtons Africa
Jun 29, 20162 min read
Is a cell phone photograph admissible as evidence in the CCMA
The advent of the cell phone has brought photography into a new dimension with the introduction of pocket cameras. Often acts of...
1,277
Lawtons Africa
May 31, 20163 min read
A plea bargain with a deviant employee
A plea bargain with a deviant employee, is this permissible in the workplace? The concept of a plea bargain arises from the criminal law...
141
Lawtons Africa
May 31, 20163 min read
Breakdown in the trust relationship between employer and employee
An employer must not only allege a breakdown in the trust relationship, evidence must be led. In the matter of Woolworths (Pty) Ltd v...
197
Lawtons Africa
Apr 30, 20161 min read
Proposed amendments to the BCEA for paternity leave
A Bill was published in November 2015 proposing to amend the Basic Conditions of Employment Act, 1997 and the Unemployment Insurance Act...
11
Lawtons Africa
Mar 31, 20167 min read
Sexually frustrated in the workplace
In SA Metal the CCMA dismissed a claim of sexual harassment. This was overturned on review where the Labour Court found that the failure...
51
Lawtons Africa
Mar 31, 20161 min read
How long can a CCMA arbitration award be enforced against an employer
After years of contradictory judgments on the matter, the Labour Appeal court has now finally settled the law in relation to the...
43
Lawtons Africa
Jan 31, 20163 min read
The Grand Finale: Effect of procedurally unfair dismissals – Large scale retrenchments
Companies faced with large scale retrenchments and who have consulted with us on the process know that there are major risks associated...
54
Lawtons Africa
Apr 1, 20154 min read
Sick Leave: Is an employer compelled to accept a sick certificate issued by a traditional healer?
Since the Supreme Court of Appeal decision of November 2013 in Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others this question...
44
Lawtons Africa
Mar 26, 20152 min read
LRA amendment grace period, as it ends
The Labour Relations Amendment Act 6 of 2014 (LRAA) came into operation on 1 January 2015. The amendments came into effect after raging ...
9
Lawtons Africa
Jan 12, 20158 min read
Labour Relations Amendment Act
The Labour Relations Amendment Act 8 of 2018 (the Amendment Act) came into effect on 1 January 2019. The Amendment Act aims to amend the...
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