An employment relationship is inherently unequal. The employer dishes out instructions, and the employee is duty-bound to follow those instructions (if they are lawful and reasonable), and in general to…
The recent Labour Court judgment in Simba v Mothoka's Trading and Others suggests that xenophobia is alive and well, even in the halls of justice. The commissioner who heard this labour…
Many people are employed on fixed term contracts which are renewed time and again with no promise of job security beyond the current term of the contract. After the third…
The Labour Relations Act has long provided for the possibility of what was called (to the dread of many an employee) a "pre-dismissal hearing". This had the effect of a CCMA…
PRIVATE ARBITRATION Where an employer and employee have made no other agreement about resolution of disputes between them, their disputes are generally conciliated and, if not required to go to…
The long-awaited Labour Relations Amendment Act came into effect, in large part, on 1 January 2015. It brought about a number of changes in both individual and collective labour law.…
The Supreme Court of Appeal has reversed the ruling of the High Court, which declared the CCMA's rule limiting legal representation to be unconstitutional. The rule places stringent limits on…
The question whether someone is an employee or an independent contractor is one which the courts and CCMA have had to consider time and again over many years. The issue…
Another major change to our employment law is on the way via a new section 188B to be added to the Labour Relations Act. At present, all employees have recourse…