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IKM Advocates

Several sections of The NSSF Act Cap 45 of 2013 declared unconstitutional

On 19 September 2022, the Employment and Labour Relations Court declared several sections of the National Social Security Fund Act Cap 45 of 2013 as unconstitutional, null and void in Petitions 38 of 2014 (consolidated with Petitions 34, 35, 49 and 50 of 2014) Kenya Tea G..

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ENSafrica

More confusion and inconsistency on whether employers must give reasons for terminating a contract of employment

Whether an employer must give reasons for terminating a contract of employment in Uganda remains uncertain. In its recent decision in Adam Kafumbe Mukasa v Uganda Breweries Limited, the Court of Appeal of ..

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Cliffe Dekker Hofmeyr

The legality of Oppo Kenya Ltd’s employment policy

According to the article, employees who reported to work 15 minutes late from the start of the workday or left the workplace 15 minutes earlier than the end of the workday, were fined KES 200 for each o..

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ENSafrica

Controversy as Industrial Court insists employers must give reasons for terminating an employment contract

The Industrial Court has passed a controversial award insisting that employers must give reasons before an employment contract is terminated (Asiimwe Apollo v Law Development Centre). The award contradicts the Court of Appeal’s recent decision that an employer ma..

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Bowmans

South Africa: ConCourt settles the law on various issues relating to large-scale retrenchments

On 6 May 2022, the Constitutional Court handed down judgment in the matter of Solidarity obo Members v Barloworld Equipment Southern Africa and Others (CCT 102/21) [2022] ZACC 15.

 

The case is an important one, in which the Court settles var..

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TripleOKLaw

Probationary Contracts: Catch 22 of Probationary Contracts in Kenya - Part 1

There has been a whirlwind of jurisprudence on employment law relating to probationary contracts occasioned by a gamut of decisions of different courts of coordinate jurisdiction. This precarious situation unsettles the law, creates uncertainty, and in effect puts legal p..

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ENSafrica

Mandatory vaccination: What has the new Code of Practice changed?

On 15 March 2022, the Department of Employment and Labour issued a Code of Practice on managing exposure to COVID-19 in the workplace (the “New Code”). The New Code is to take effect on the date that the Declaration of a National State o..

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Cliffe Dekker Hofmeyr

The harshest penalty: Sexual harassment in the public sector

In the recent decision of the Labour Appeal Court in Ekurhuleni Metropolitan Municipality v South African Local Government Bargaining Council and Others (JA17/2021) [2022] ZALAC 3 (27 January 2022), t..

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ENSafrica

Interdicts against violent strikers: what does the future hold?

As strike season approaches, a recent decision handed down by South Africa’s Constitutional Court shows why it’s important for employers to identify (as far as possible) specific employees who engage ..

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