Posts by websitedesign

The Rules of the Conduct of Proceedings before the Labour Court (“Labour Court Rules”) require an applicant to furnish the record of the arbitration proceedings that the applicant seeks to review and set aside. This record will include, amongst other things, the transcribed record of the arbitration proceedings. It is well-established practice for litigants to…

In terms of Section 198B(1) of the Labour Relations Act (LRA), a fixed-term contract is defined as “a contract of employment that terminates on the occurrence of a specified event, the completion of a specified task or project or which terminates on a fixed date as set out in the contract”.  These types of contracts can…

(ZEPS) UPDATE On 27 June 2023, the Pretoria High Court handed down a judgement declaring the decision of the Minister of Home Affairs, which terminated the Zimbabwean Exemption Permits (ZEPs), as unlawful, unconstitutional and invalid. The ZEP program, as per the court order, was consequently extended for 12 months, until end of June 2024, during…

In South African Municipal Workers Union obo Malatsi v South African Local Government Bargaining Council [2023] 6 BLLR 581 (LC) the employee alleged that the double jeopardy rule applied to a second hearing that was based on the same facts but for which he was charged with a different charge. In this case, the employee was employed…

In South African Medical Association Trade Union obo Rikhotso v MEC: Department of Health, Limpopo Province and Others [2023] 6 BLLR 575 (LC) an employee who was employed as a medical doctor resigned in the midst of facing disciplinary action.  A disciplinary inquiry had been convened, which related to a charge that he had incited other employees…

Being under the influence of alcohol at work cannot be tolerated in any workplace. Some employers set the bar higher by adopting a ‘zero-tolerance’ approach with regard to the mere presence of alcohol in an employee’s system. Breath-alcohol (‘breathalyser’) tests are commonly used as a measuring tool in both instances. But just how reliable are…

https://www.news24.com/news24/southafrica/news/motsoaledi-extends-zimbabwean-exemption-permits-again-20230608

Domestic workers and their employees have new rules to follow in South Africa relating to compensation for injuries or diseases stemming from a place of work. The Compensation for Occupational Injuries and Diseases Act, 1993 has successfully been amended by Parliament following being assented to by President Cyril Ramaphosa on 6 April. Changes to broaden…

Excessive sick leave absenteeism creates numerous problems for employers and fellow employees and also evokes emotional responses – employers believing the sick leave is consistently abused, whereas employees believe that they have a right to utilise their full sick leave entitlement.  Employees have a common law duty to render services during their contracted working hours. …

A LEGAL PERSPECTIVE Cyberbullying is a form of bullying that occurs online through various digital platforms such as social media, instant messaging, and text messaging.  In South Africa, this issue has been gaining more attention in recent years due to the growing use of technology and the internet among young people.  As a result, individuals…