Legal Cases

Automatically unfair dismissals Vs legitimate unfair dismissals

It is necessary to determine whether the employer is exercising its right to dismiss employees for operational requirements or, whether it was actually dismissing the employees in order to compel them to accept a demand of mutual interes

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Corroborative evidence required to establish intoxication

Can an employer dismiss an employee who fails a breathalyser test in circumstances where there is no corroborative evidence to prove that the employee was intoxicated to the extent that he was incapable of performing his/her duties?

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Can you restrain without a restraint?

The Labour Court in South Africa recently considered whether an employer could restrain its former employees from commencing employment with its competitors, without having an agreed restraint of trade.

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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”)?


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