In February 2023 the Labour Court delivered judgment in a review of an arbitration award of the CCMA. The employees concerned were charged and dismissed for gross insubordination when they refused to obey the instruction of their manager to work overtime. The CCMA found the dismissals to be substantively fair.
During evidence at the arbitration
On Friday, 12 May 2023, the Minister of Employment and Labour (the Minister) published the long-promised sectoral targets. The draft sectoral targets can be viewed here.
The draft sectoral targets follow on the President signing the Employment Equity Amendment Act, 2022 (the Amendment Act) into law on 14 April 2023.
The Amendment Act introduces
This blog was co-authored by Heidi Davis, Trainee Associate
On 18 April 2023, the Constitutional Court found that replacement labour may only be used for the duration of strike action and not during a lock-out, even in instances where a lock-out notice was delivered before the strike had ended.
Following unsuccessful claims in both the
This blog was co-authored by Muhammad Mirza, Trainee Associate
On 20 February 2023, the Labour Court found that historical knowledge and information obtained by an employee during her employment with her former employer, did not constitute trade secrets or a protectable interest. The former employee (employee) was therefore free to work for the applicant’s
This blog was co-authored by Jessica Blunden, Candidate Attorney
The recent judgment in Ashton International College Ballito (Pty) Ltd v Erasmus and Another serves as a deterrent to practitioners and clients not to copy and paste clauses obtained from precedents into agreements without proper thought and it emphasises the need for accurate drafting.
This case
Aimed at regulating proceedings in the Commission for Conciliation, Mediation and Arbitration (CCMA), the CCMA Rules serve a vital function. However, in the recent judgment of the Labour Court, the Labour Court declined to uphold the enforcement of the CCMA’s rule regarding objections to the con/arb process. This resulted in a default award against the
The Minister of Labour has determined that from 1 March 2023, the earnings threshold under the Basic Conditions of Employment Act, 1997 (BCEA) increased from R224 080.48 per annum (approximately R18 673.37 per month) to R241 110.59 per annum (approximately R20 092.55 per month).
The national minimum wage increased from R23.19 per hour to
This blog was co-authored by Felix Le Roux, Candidate Attorney
On 8 November 2022, the Labour Court dismissed an urgent application by an employer, a national gym organisation, in which it sought to enforce the terms of a restraint of trade agreement against their former national sales manager who took up employment with their main
This blog was co-authored by Heidi Davis, Candidate Attorney
In an October 2022 judgment, the New Zealand Employment Courts concluded that Uber drivers are employees who are entitled to the protection and benefits offered by their employment law.
This decision will encourage voices advocating for the rights of Gig workers globally to be aligned with
This is the 17th paper in our Transforming Workplace series. In our earlier article, we explored why employees’ expectations of their leaders have changed and why organisations need to upgrade leaders’ skills and behaviours. In this paper we now examine ow organisations can upskill their leaders to meet the specific leadership challenges arising from ‘work