NAME AND SHAME
Social media is vastly accessible. A post typed out on one's phone in a moment can be immediately available to countless users around the globe. When one has been bitten…
Exiting the exit agreement: a departing employee’s claims of coercion and duress
It happens with some regularity that an employee refers a dismissal dispute to the CCMA, and the employer arrives at the hearing bearing a termination agreement with the employee's signature. In it, the…
A paper shield? The email and social media disclaimer
"On this date, in response to the new guidelines of Facebook, pursuant to articles L.111, 112 and 113 of the code of intellectual property, I declare that my rights are…
Xenophobia at the CCMA
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…
The end of the affair – evicting a live-in partner
The Western Cape High Court was recently called upon to consider the rights of a partner in a cohabitation relationship, after such relationship ended. The plaintiff in the case was…
Protecting the Public Protector
On 8 October 2015, the Supreme Court of Appeal handed down judgment in the matter between the SABC and others versus the Democratic Alliance and others. The matter concerned the…
Ignorance of the law – is it an excuse?
The Mthatha High Court handed down judgment on Wednesday in the matter between Sinethemba Mtokonya and the Minister of Police. Mr Mtokonya was arrested and detained for four days in…
Key changes to the labour laws in 2015 – part 7: FIXING THE FIXED TERM CONTRACT
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…
Key changes to the labour laws in 2015 – part 6: BRINGING LABOUR BROKERS IN LINE
Throughout recent deliberations on amendments to the Labour Relations Act, the status of labour brokers, or "temporary employment services (TES)" was a hot button issue. Trade unionists called for their outright…
Key changes to the labour laws in 2015 – part 5: SOME RELIEF FOR AGGRIEVED EMPLOYEES IN SMALL RETRENCHMENTS
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…