April 2016

On March 22, 2016, in a 6-2 decision, the US Supreme Court greenlighted the use of representative evidence in the federal wage and hour class case of Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. The Court approved the use of statistical averaging of employee donning and doffing time in connection with Fair Labor Standards Act (FLSA) class certification. The opinion discusses several limiting factors that employers will no doubt argue constrains its applicability, especially outside the FLSA context.

This article was written by Lee Crisp , an Associate Designate at Norton Rose Fulbright South Africa

Under the common law, employers are not entitled to unilaterally vary the terms of an employee’s employment contract.  If terms and conditions are unilaterally varied, the employee has an election to resile from the contract or to sue

This article was written by Tladi Marumo , an Associate at Norton Rose Fulbright South Africa

The new Minister of Mineral Resources, Mosebenzi Zwane, in his official opening address at the Annual Investing in African Mining Indaba, on 8 February 2016, ranked health and safety as one of the paramount industry priorities of 2016. This

As a general principle, the occupational health physician is a major interlocutor of the employer regarding the employees’ health and safety. In particular, there exists a very specific procedure under which employees’ disability must be acknowledged by the occupational health physician in order to authorize an employer to begin a dismissal procedure.

However, such opinion

One wonders until what point the ability of the employer to subordinate an employee gives him the faculty to unilaterally amend the employment conditions.

According to Colombian legislation, employers could change unilaterally the terms and conditions agreed with its employees based upon its subordination faculty. However, such change shall obey to reasonable situations that in