Managing People

Restraint of Trade: The good, the bad and the ugly

A subject that is mired in misunderstandings, wishful thinking and bad market intelligence is the issue of a Restraint of Trade.

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Who to consult during a retrenchment exercise

During a contemplated retrenchment exercise, an employer has a legal obligation to consult with parties that might be affected by the retrenchment based on operational requirements of the employer.

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New and amended labour legislation

There is no doubt that organisations will struggle to come to grips with the new and amended legislation regarding Temp & Contract Employees AND Equal Pay for Equal Work.

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Determining equal pay for work of equal value

equal pay, equal value, employer

On 1 June 2015 the Minister of Labour published the Code of Good Practice on Equal Pay /Remuneration for Work of Equal Value (“the Code”) in terms of the Employment Equity Act 55 of 1998 (“EEA”).

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Exploring employers rights in disputes

Exploring the extension of employers right to engage in a lock out against employees who are not participating in a strike.

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The meaning of a hearing de novo in arbitration proceedings

Section 138 of the Labour Relations Act 66 of 1995 accords the commissioner discretion to determine the matter and form of the proceedings in an unfair dismissal dispute.

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Who should provide transport after hours?

The performance of night work is regulated to, among others, avoid or minimise an employee’s health risks, including the safety of workers during their commute to and from work.

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Obtaining a damages award against a financially distressed union

The fact that an award of compensation against a trade union might cause further financial damage is not in and of itself a reason for not granting the relief.

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Sir, your maternity leave has been granted

From the early 1950's women in South Africa were involved in many activist campaigns to fight for their maternity leave benefits in the workplace.

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A new dispensation for non-standard employment

From midnight on 31 March 2015 a new dispensation kicked in for employees on fixed term or part time contracts and for clients who employed the services of labour brokers (called temporary employment services in the Labour Relations Act 66 of 1995).

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