Managing People

The accountability of striking employees

In what circumstances may a group of strikers be held collectively accountable for misconduct during a strike?

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Exploring the term 'back pay'

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What does the term ‘back pay’ mean in a settlement agreement?

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A reasonable error of law?

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As the saying goes, “an arbitrator has the right to be wrong”. However an adaptation is required when it comes to CCMA arbitration.

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When is a collective agreement binding?

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Is collective agreement valid and binding, despite a dispute to the authority of those purporting to conclude the agreement?


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Retrenchment in Africa – an overview of the legal framework


According to Mergermarket’s Deal Drivers Africa, the African continent has firmly entrenched itself into the global marketplace, with both domestic and inbound dealmakers seizing the opportunities on offer.

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Should length of service affect salaries?

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Is length of service a justifiable reason for paying employees performing the same functions differently?

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Settlement reached on former editor

Independent Media and former Cape Times editor Alide Dasnois have reached a settlement in the Labour Court case in which she was suing the company over her December 2013 removal from the post.

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The employers responsibility during the transfer of an employee

One of the automatic consequences of a transfer in terms of section 197 of the Labour Relations Act 66 of 1995 is that the new employer is substituted, or ‘steps into the shoes’, of the old employer.

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Limitation of the employer’s right to lock out

In the case of Transport and Allied Workers Union of South Africa v PUTCO Limited [2016] ZACC 7, the Constitutional Court pronounced that an employer may not impose an offensive lock-out in respect of members of a union who are not party to a

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Restraints of trade: a useful guide for employers

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A restraint of trade is an agreement between an employer and an employee, or a provision in an employment contract that restricts an employee from entering into employment with a competitor of the employer, or establishing a business in competition with the employer, for a spe

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