Employment Law News

Is the singing of struggle songs in the workplace racist and if so, does it justify the dismissal of an employee? SummaryThe singing of struggle songs in the workplace, depending on the meaning of the words and the context in which it is sung, may not constitute racism. It may, instead, constit...

Nothing in law prevents and employer to conduct a retrenchment exercise with an employee that is off work on IOD.Firstly, it must be remembered that the purpose of the provisions COIDA, as read with the BCEA is that all that the legislation does, is to give an employee legal authority not to be at w...

The relevant provisions that apply in this case are the provisions of Section 33 of the Basic Conditions of Employment Act 75 of 1997 (“the BCEA’). In terms of Section 33(1), it is provided that “An employer must give an employee the following information in writing on each day the...

In the United Kingdom judgment of BT Managed Services Ltd v Edwards & Anor UKEAT/0241/14/MC, the European Employment Appeal Tribunal considered whether an employee, who had been on long-term sick leave, was ‘assigned’ to a team that was transferred in terms of a service provisio...

Who determines the nature of a dispute in arbitration proceedings? Is it up to the commissioner to decide on whether or not the real dispute falls within its jurisdiction?The case of Ngobe v J.P Morgan Chase Bank and Others [2015] ZALCJHB 317 provides us with some direction in this regard....