Legal Cases

Are employers responsible for preventing discrimination?

Can an employer be held vicariously liable for failing to take sufficient steps to eliminate unfair discrimination by a group of employees against a fellow employee?

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Labour court ruling on deeming provision goes to appeal

The judgement handed down by the Labour Appeal Court (LAC) on the ‘deeming provision’ contained in s198 of the Labour Relations Act, has caused uncertainty.

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Can an employee be dismissed for lying on their CV?

Can an employee may be dismissed for misrepresenting his qualifications in his curriculum vitae (“CV”). 

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Labour appeal court upholds the rights of vulnerable employees

The Labour Appeal Court handed down a significant decision on 10 July 2017 in the matter of NUMSA v Assign Services and 3 Others.

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Changes and dangers in labour law

seminar, labour law, ivan, IR, HR,

The Constitutional Court and other senior courts have made a number of crucial decisions during 2017.

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Alternatives to dismissals - Labour Court gives view on employer's duty

The issue of when an employer may explore alternatives to retrenchment with its employees has been plaguing employers, trade unions, employees and South African courts for decades.

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Sexual harassment: Employers beware

sexual harassment, legal case,court,

In what circumstances an employer may be held liable for sexual harassment committed by one of its employees in terms of the Employment Equity Act 55 of 1998 (“EEA”)?

COURT’S DECISION

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Is an employer liable for sexual harassment?

On 7 March 2017, the South African Labour Appeal Court handed down judgment on a sexual harassment claim.

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The status of witchcraft in the workplace

witchcraft, workplace, HR, employee, workplace,

Witchcraft is an extremely emotive term, and it is a significant issue in South African society generally, and in the South African workplace specifically.

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CCMA has a say over employment disputes that arise abroad

A word of caution to South African companies with branches outside of South Africa: the Labour Appeal Court has confirmed in Monare v South African Tourism and Others [2016] (Monare) that the Commission for Conciliation, Mediation and Arbitration (CCMA) may have jurisdiction t

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