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…
Prior to 2002, any dispute arising from an employee's retrenchment from work, had to go to the CCMA for conciliation (a sort of mediation) and thereafter, if not resolved, to…
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…
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…
Imagine that you own an optometry practice located in a busy shopping mall. A fellow tenant of the mall accuses your employee of theft, and the management of the mall…
“But one cannot be happy in a family business, especially when the kids join the company after you have been there for six years and they try everything in their…
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