In a pivotal ruling on 25 August 2023, the Constitutional Court dismissed the leave to appeal sought by NEASA and SAEFA. This follows the rejection of their previous appeals by both the Labour Court and the Labour Appeals Court. The issue at hand was NEASA's challenge against the decision of the Metal and Engineering Industries [...]
In this article of our “Mind Your Own Business” series, we shift our focus to a crucial aspect that underpins a thriving and sustainable work environment - the importance of loyalty and trust in the employer-employee relationship. As a business owner, protecting your business interests goes hand in hand with safeguarding the livelihood of [...]
In our continuing our series, “Mind Your Own Business”, this article explores the crucial aspect of protecting your intellectual property (IP) in the workplace. Intellectual property encompasses intangible assets such as patents, trade marks, copyrights, designs and trade secrets, which are essential for maintaining a competitive edge in the market. The recent court matter [...]
In our previous article, we emphasised the importance of proper employment contracts and highlighted the significance of including clauses relating to restraint of trade agreements – all aimed at adding an extra layer of protection for your business interests. In this article of our “Mind Your Own Business” series, we unpack the relationship between [...]
As a business owner, protecting your business and its interests is paramount to ensuring long-term success in the competitive South African labour market. One of the crucial steps in achieving this goal is having comprehensive employment contracts in place. In this, the first article of our “Mind Your Own Business” series, we will explore [...]
It is common knowledge that trade unions are recognised within the 1996 Constitution of South Africa, which provides for the right to join trade unions and for unions to bargain collectively and have the right to embark on strikes (industrial action). These Constitutionals rights are further entrenched and expanded upon in the Labour Relations Act. While [...]
Decoding ChatGPT: Your new digital teammate, not a stand-in. Artificial Intelligence (AI) is the hot new hire in businesses worldwide, and if you're an ambitious entrepreneur in South Africa, you've likely caught on to the trend. Particularly in the realms of labour relations and legal affairs, AI has risen from novelty to necessity, promising [...]
In the recent case of Moraka / Road Accident Fund (2023), 32 CCMA 6.7.4 also reported at [2023] 7 BALR 786 (CCMA), it was determined that although the employee was suspended and their performance could not be evaluated, that did not mean they were automatically entitled to a performance bonus. The Applicant was a [...]
Temporary Employment Services (TES) have become increasingly popular in South Africa due to their flexibility and cost-effectiveness. However, due to their unique nature, governing legislation such as the Labour Relations Act as well as various court judgments, also present unique challenges regarding workers' rights and employment conditions. Since TES’s pose a unique scenario, trade [...]
Constructive dismissal in South African labour law is not determined by whether an employee was forced to resign but by whether the working conditions were intolerable and unendurable. When an employee claims constructive dismissal or expresses that the future or continued working conditions are intolerable, it would be contradictory for that employee to desire [...]