Tag archives: labour relations act

Changing the law of mass retrenchments – the Constitutional Court finds in favour of Edcon

This article was written by Verushka Reddy, a director at Norton Rose Fulbright South Africa On 22 January 2016, the Constitutional Court held that, where there is not a request for facilitation, the failure to refer a dispute to conciliation or retrenching employees before the expiry of the mandatory 30-day periods prescribed by section 189A of … Continue reading

The shelf-life of arbitration awards: For how long can an employee insist on being reinstated or compensated?

This article was written by Michaela Bolton, a candidate attorney at Norton Rose Fulbright South Africa  Arbitration awards made in terms of the Labour Relations Act (LRA) are “debts” in terms of the Prescription Act. Awards affording employees compensation with or without back pay are therefore unenforceable after a period of three years. In a … Continue reading

What protection from discrimination do employees have on the grounds of gender in South Africa?

This article was written by Douglas de Jager , an associate at Norton Rose Fulbright South Africa  Section 9 of the Constitution of the Republic of South Africa states that “[n]o person may unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status…” and that “[n]ational … Continue reading

Legislative Changes to Labour and Employment Laws in Ontario for 2015

The Stronger Workplaces for a Stronger Economy Act, 2014 received Royal Assent on November 20, 2014, amending five employment and labour statutes, including the Employment Standards Act, 2000, the Labour Relations Act, 1995, and the Occupational Health and Safety Act. This posting reviews some highlights of the amendments. Employment Standards Act As of February 20, 2015, the … Continue reading