In this article, we will examine whether it is permissible for employers to withhold statutory monies when employees resign without notice, specifically whether clauses in employment contracts allow employers to do so. Lastly, we will consider whether parties in an employment relationship, i.e., the employer and employee, may contract outside the Basic Conditions of Employment [...]
In the matter of Naidoo v Khosa NO and Others (JR1346/22) [2025] ZALCJHB 131 (18 March 2025), the Labour Court addressed the jurisdictional complexities surrounding South African government employees stationed abroad. Ms. Reena Naidoo, a South African citizen domiciled in the United States, had been employed at the South African Permanent Mission to the United [...]
In South Africa, restraint of trade clauses are commonly included in employment contracts to protect an employer’s legitimate business interests. These clauses restrict employees from working for competitors, starting a competing business, or soliciting clients or staff after leaving the company. A restraint of trade clause is enforceable unless it is found to be unreasonable [...]
A subpoena is a document issued by the CCMA that compels a witness to testify in an arbitration. The CCMA has established specific rules and procedures governing the issuing of subpoenas, which are outlined in Rule 37 of the CCMA Rules. To obtain a subpoena, the requesting party must complete a 7.16 form, accompanied by [...]
The Prescription Act may intersect with the Labour Relations Act 66 of 1995 (LRA), particularly whilst scrutinising when a labour dispute arose and when the dispute was referred. Section 16(1) of the Prescription Act provides for prescription periods applicable "to any debt", whilst Section 191(1)(b) of the LRA provides that an unfair dismissal dispute must [...]
Negotiating forums play an important role when it comes to effective collective bargaining within bargaining councils. These forums serve as a vital platform where registered trade unions and employer organisations engage in structured dialogue to negotiate sector-wide agreements. It must be noted that by promoting a process that is representative, inclusive, and transparent, negotiating forums [...]
Let’s face it, every workplace interaction, whether you’re closing a deal, navigating conflict, or simply asking for help, is a negotiation. You may not be talking down a bank robber, but your success often hinges on your ability to influence others. And if Never Split the Difference by Chris Voss teaches us anything, it’s that [...]
In labour disputes involving allegations of unfair dismissal or unfair labour practices, one of the key forms of redress available to an aggrieved employee is compensation. Where reinstatement is not feasible or appropriate, compensation may provide financial relief for the loss suffered. However, the discretion to award compensation is not unlimited. The Labour Relations Act [...]
Few workplace disruptions frustrate employers more than an employee who simply does not show up for duty, particularly when the absence is uncommunicated and unauthorised. These situations are not only inconvenient but also raise important questions about the rights and responsibilities of both parties. It becomes essential for employers to understand the legal framework governing [...]
In the employment context, distinguishing between uniforms and protective clothing is critical, particularly regarding who bears the cost. A recent CCMA arbitration, involving a large chain retailer, highlights the key legal principles employers must be aware of. The obligations around uniforms and protective clothing primarily stem from: Sectoral Determination 9: Wholesale and Retail Sector (Clause [...]