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THE COMMENCEMENT OF THE NEW LABOUR APPEAL COURT AND LABOUR COURT RULES

THE COMMENCEMENT OF THE NEW LABOUR APPEAL COURT AND LABOUR COURT RULES

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...
TOP TIP TUESDAY: ZERO TOLERANCE AND BEING UNDER THE INFLUENCE OF ALCOHOL IN THE WORKPLACE

TOP TIP TUESDAY: ZERO TOLERANCE AND BEING UNDER THE INFLUENCE OF ALCOHOL IN THE WORKPLACE

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...
TOP TIP TUESDAY: HOW FAR DOES THE RIGHT TO PRIVACY EXTEND IN THE EMPLOYER/EMPLOYEE RELATIONSHIP?

TOP TIP TUESDAY: HOW FAR DOES THE RIGHT TO PRIVACY EXTEND IN THE EMPLOYER/EMPLOYEE RELATIONSHIP?

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...
TOP TIP TUESDAY: DOES A ZERO-TOLERANCE POLICY ON THE USE OF ALCOHOL OR DRUGS MEAN THAT EMPLOYEES SHOULD BE DISMISSED?

TOP TIP TUESDAY: DOES A ZERO-TOLERANCE POLICY ON THE USE OF ALCOHOL OR DRUGS MEAN THAT EMPLOYEES SHOULD BE DISMISSED?

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...
TOP TIP TUESDAY: WHEN DOES MORAL INDIGNATION OR VENGEANCE JUSTIFY DISMISSAL?

TOP TIP TUESDAY: WHEN DOES MORAL INDIGNATION OR VENGEANCE JUSTIFY DISMISSAL?

by Warren Beech | Apr 23, 2024 | Employment

  The Labour Court had to again, recently (the matter was heard on 31 August 2023 and the judgment was handed down on 10 April 2024) consider a dismissal which went back to the “Covid-19 era” in the matter of Penbro Kelnick (Pty) Ltd and the Commission for...
2024 INSIGHTS WITH THE TEAM: RESTRAINTS OF TRADE, HOW AND WHEN CAN THEY BE ENFORCED WITH MELANIE HART

2024 INSIGHTS WITH THE TEAM: RESTRAINTS OF TRADE, HOW AND WHEN CAN THEY BE ENFORCED WITH MELANIE HART

by Melanie Hart | Apr 16, 2024 | Employment

Q1: Can you please explain what a restraint of trade clause is? A restraint of trade clause is a contractual provision that limits an employee’s ability to engage in certain activities, for a certain period of time, after leaving their employment. These...
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Recent Posts

  • COMMERCIAL LAW ALERT 2/2025: KING V CODE ON CORPORATE GOVERNANCE: KEY CHANGES AND IMPLICATIONS FOR SOUTH AFRICAN MINING COMPANIES
  • TOP TIP TUESDAY: CAN A SEXUAL ASSAULT IN THE WORKPLACE AND INJURIES SUSTAINED DURING PROTEST ACTION BE AN “OCCUPATIONAL INJURY”?
  • TOP TIP TUESDAY: A LEGITIMATE EXERCISE OF EMPLOYEE RIGHTS ON HEALTH AND SAFETY GROUNDS OR ABUSE?
  • COMBATING ILLEGAL MINING IN SOUTH AFRICA: CAN MINING COMPANIES CO-EXIST WITH ARITSANAL AND SMALL-SCALE MINERS?
  • EMPLOYMENT LAW ALERT 4/2025 – CODE OF PRACTICE: DISMISSAL

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