Employment Law News

In the recent case of David Themba v Mintroad Sawmills (Pty) Ltd (J 1683/2012), Judge Snyman was required to determine whether reinstatement is coupled with retrospectively. Essentially, the issue which needed to be decided was whether employers have to pay their reinstated employees back pay.I...

Labour Minister Mildred Oliphant has approved the new wage structure for the Domestic Workers Sector following the upward adjustment of the new minimum wage.The latest relief comes on the eve of the festive season. The minimum wage adjustment is in line with legislation to protect workers in South A...

In the matter of Air Traffic and Navigation Services v Esterhuizen (668/2013) [2014] ZASCA 138 (25 September 2014), the Supreme Court of Appeal (SCA) was faced with the question of whether the respondent, as a result of his premature resignation, was liable to the appellant for breach of contra...

Employers generally have an adversity towards bulky and ‘legalistic’ employment contracts. The all-time favourite is still a “letter of appointment” of 2 or 3 pages, stating terms and conditions such as position, salary, leave and working hours – and perhaps something a...

The most common criterion used when deciding who to retrench is last-in-first-out. Employers are allowed by law to use the retention of necessary skills as a criterion. However, proving that the application of this criterion was fair is very complex. This has caused many an employer to lose in court...