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Never miss a beat on Africa's legal and regulatory landscape.

Cliffe Dekker Hofmeyr

Challenging the authority of management or merely seeking clarity: When does insubordination occur

Insubordination is the wilful failure or refusal to obey a lawful and reasonable instruction given by a superior. This is different from insolence, which is rudeness, cheekiness or disrespectful behaviour. The Labour Court in Independent Risk Distributors SA (Pty) Ltd v C..

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Cronjé Inc.

Affirmative Action Act compliance report herefrom required by small businesses

As from 15 September 2022 all employers with 10 or more employees are required to submit compliance reports in terms of the Affirmative Action Act.

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Webber Wentzel

Radio DJ: 15 years later and still not an employee

A recent Labour Court judgment applied the dominant impression test to establish whether a radio DJ was an employee of the SABC or an independent contractor. The Court concluded that the DJ was not an employee and serves to remind employers and individuals that the contra..

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Aluko & Oyebode

The National Health Insurance Authority Act, 2021

The National Health Insurance Authority Act (the “Act”) was passed by the National Assembly in 2021 and assented to by President Muhammadu Buhari in May 2022, thus, launching a drive for an inclusive health care system in Nigeria.

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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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