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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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KN Law

The Employment (Amendment) Bill 2021: An Employee’s Right to Disconnect

The Senate has published for public participation the Employment (Amendment) Bill 2021 (the “Bill”). The Bill seeks to provide for employees’ right to disconnect. The Bill defines the right to disconnect as the right of an employee not to be contacted by the employe..

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ENSafrica

Mandatory vaccinations in the workplace: SA’s CCMA hands down an important decision

South Africa’s primary dispute resolution body, the Commission for Conciliation, Mediation and Arbitration (“CCMA”) has issued its first award in respect of an employee refusing to vaccinate in the face of the employer’s mandatory vaccination policy.

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Cliffe Dekker Hofmeyr

A retrospective on the Economic Freedom Fighters’ involvement in labour matters

The imposition of the Economic Freedom Fighters (EFF) has become a common occurrence in the South African workplace. The Labour Court has, however, already taken a strong stance against the EFF in two..

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