Managing People

Are employers responsible for employee posts?

social media, employee, employer,posts,networking,

Most employers are not aware, or concerned, that amongst other things, they can be held vicariously liable for the statements posted by employees on online networks and social media, if such posts take place “in the course of employment”.

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Labour disputes for companies under liquidation

Can employees who have lodged a claim in the Labour Court against an employer that has gone into liquidation proceed with their claim if they have not provided the liquidator with the requisite notice as required by South Africa’s company law

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Who is entitled to a 13th Cheque?

cheque, fixed term, contract,employee,payment,bonus,

Is an employee employed on a fixed term contract entitled to be paid a 13th cheque where his contract does not provide for one but there is a practice and procedure of paying a 13th cheque to all other employees?

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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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