by Vusi Ndhlovu | Aug 27, 2024 | Employment, Health and Safety, News
The remedy for a substantively unfair dismissal is typically reinstatement. However, there are situations where reinstatement is unsuitable, and one of the exceptions to reinstatement in Section 193(2) of the Labour Relations Act No 66 of 1995 (LRA) must...
by Melanie Hart | Jul 9, 2024 | Employment
Section 23 of the Basic Conditions of Employment Act (“BCEA”) provides as follows: “(1) An employer is not required to pay an employee in terms of Section 22 if the employee has been absent from work for over two consecutive days or on more than two occasions...
by Melanie Hart | Jun 7, 2024 | Employment
The new Labour Appeal Court and Labour Court Rules will come into effect on 17 July 2024. The new Rules are aimed at streamlining the Labour Court and Labour Appeal Court processes and comprise a consolidation of the “old” Rules; the Practice Manual and various...
by Eben van Zyl | May 21, 2024 | Employment, News
A common theme that is coming out of the Labour Court of late is the “zero tolerance” approach to being under the influence of alcohol and/or intoxicating substances in the workplace. You can read articles on this topic written by Warren Beech here, here and here. A...
by Warren Beech | May 14, 2024 | Employment
In last week’s Top Tip Tuesday (which can be found here, we discussed the way in which the right to privacy in the employer/employee relationship was assessed by the Labour Appeal Court in the matter of Enever v Barloworld Equipment South Africa, a division of...
by Warren Beech | May 7, 2024 | Employment, Health and Safety
We have, in previous articles, addressed the key question around dismissals where there has been a breach of an employer’s zero-tolerance policies and rules regarding drugs and alcohol in the workplace. These can be accessed here, here and here. Both the Labour Court...
