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Labour Law Articles
BULLYING BOSS MADE EMPLOYMENT INTOLERABLE
BY HILDA GROBLER JULY 9, 2020 The Labour Court recently handed down a judgment that reads a little like a novel. The facts in Centre for Autism Research and Education CC v CCMA (JR 1619/2018, handed down on 19 June 2020) per Van Niekerk J, were briefly that Ms Rozanna...
Unfair Discrimination: Test for unfair discrimination
Discrimination is defined as the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age or sex. Section 6(1) of the Employment Equity Act (“EEA”) provides that: “(1) No person may unfairly...
Do you have to be consulted before being retrenched?
This it would seem to be an obvious right however employees should be cautioned that this right may not necessarily mean that the employee needs to be personally consulted with before been retrenched. AMCU launched an application for the reinstatement of some of its...
South African Law Articles
Constructive Dismissals
How Does Constructive Dismissals Work? Constructive dismissals differ from unfair dismissals in the sense that employees resign, whereas with unfair dismissals, the employees are dismissed in an unfair manner or for unfair reason(s). Though the employee resigned and...
Unfair Dismissal
Issues Surrounding Unfair Dismissal in South Africa The labour laws of the country seek to ensure fairness on the sides of both employees and employers. The interests of both parties and the circumstances of the dismissal are assessed to ensure fairness. The amount...
Employment Law in South Africa
What the Employer Must Know About Maternity Leave If you are starting a business, it will be best to speak to lawyers familiar with employment law in South Africa to help you operate as an employer within the ethical boundaries of good practice and the boundaries of...
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