Employment Law News

The ease and speed by which information can be shared with others and indeed the world at large is nothing short of remarkable. It’s been said that there are more than one billion active Facebook users and over 500 million Twitter accounts. Many of these users and those who use other...

The case MIA v State Information Technology Agency (Pty) Ltd (D 312/2012) [2015] ZALCD 20 turned on whether an employer's refusal to grant a male employee 'maternity leave' amounted to unfair discrimination on the grounds of gender, s ex, family responsibility and s exual orientation in ...

Employers are often faced with scenarios where theft or other misconduct occurs within the workplace and the culprits cannot be identified. Very often, there is simply no direct evidence against a specific employee in order for the employer to take effective disciplinary action. However, the doctrin...

Can the employer discipline an employee twice for the very same incident of misconduct? Under exceptional circumstances a second disciplinary process might be justified if the employer is able to present evidence that: Is new and has therefore not been presented at the first disciplinary hearing; Is...

Section 189 of the Labour Relations Act, 1995 regulates the dismissal of employees based on operational requirements. The section 189 retrenchment procedure was designed as a problem solving process. This is because the need to retrench is usually not the employee’s fault or wit...