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Can an employee claim compensation under both the LRA and the EEA in respect of an act by an employer breaching both acts? 2015/10/04

Whether an employee can claim compensation under both the Labour Relations Act 66 of 1995 (“LRA“) and the Employment Equity Act 55 of 1998 (“EEA“) in respect of an act by an employer which breached both Acts?SUMMARYA court must ensure that the employer is not penalised twice ...

Will an employee on long-term sick leave be transferred in terms of Section 197? 2015/10/03

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...

The CCMA cannot always be at Fault 2015/10/02

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....

Defamation on Facebook and Other Social Sites 2015/10/01

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...

Emoluments Attachment Orders: No more 'rubber stamping' by Clerks 2015/07/31

Debt recovery is obviously big business, and a necessary step in any economy. However some creditors have not acted responsibly in offering loans to employees and then using short-cut processes to try to enforce repayment of the loans with a minimum of court action. Emoluments Attachment Orders are ...