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This article was written by Mlungisi Khambule, an Associate Designate at Norton Rose Fulbright South Africa

The duty to consult appears throughout labour law.  It is also an important pillar to achieving employment equity in South Africa.  With the wave of department of labour inspections for employment equity compliance persisting, it is important to understand…

This article was written by Verushka Reddy, a Director and Erwyn Durman, a Candidate Attorney at Norton Rose Fulbright South Africa

Employers and employees should be aware of the following twelve main principles in relation to rest breaks at work.

       Rest Breaks

  1. Rest breaks are regulated by the Basic Conditions of Employment Act, 1997. The

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This article was written by Erwyn Durman, a Candidate Attorney at Norton Rose Fulbright South Africa

Employers now have the authority to sanction serious cases of racism with a dismissal. The Constitutional Court by overturning contrary judgments of the Labour Court and the Labour Appeal Court: ruled categorically that a dismissal is an appropriate remedy…

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

Fixed term contracts are favoured by employers in the sports industry. As professional sport is heavily performance driven, fixed term contracts give employers a measure of flexibility in contracting with employees.  While fixed-term contracts have benefits, both employees and employers…

This article was written by Anè Potgieter, an Associate  at Norton Rose Fulbright South Africa

A striking employee can be guilty of derivative misconduct and fairly dismissed if the employee fails to come forward and assist the employer to identify the perpetrators of misconduct during a strike. Derivative misconduct includes the failure to disclose information…

This article was written by Jonathan Arumugam , a Candidate Attorney at Norton Rose Fulbright South Africa

Managing a workplace and employees is a lot different nowadays than it used to be two decades ago. Today, many employers struggle to recruit and retain employees by offering a strict nine to five work day.  Your typical…

This article was written by Shoneez Gani , a Candidate Attorney at Norton Rose Fulbright South Africa

Section 186(2)(a) of the Labour Relations Act (LRA) states that “unfair labour practice” means any unfair act or omission that arises between an employer and an employee involving – (a) unfair conduct by the employer relating…

This article was written by Abongile Swana , a Candidate Attorney at Norton Rose Fulbright South Africa

Bargaining councils have a long history in South African labour law and industrial relations.  They play a significant role in collective bargaining, especially with regards to matters of mutual agreement such as wages which affect the vast majority…

This article was written by Amelia Berman, a Senior Associate and Shenaaz Munga, a Candidate Attorney at Norton Rose Fulbright South Africa

Whilst it is prudent for employers to lead evidence regarding the breakdown of the trust relationship at disciplinary hearings and during arbitration proceedings, particularly evidence from the accused’s line manager, the Woolworths judgment…