In September 2018 the Constitutional
Court ruled that the private cultivation, possession and consumption
of cannabis is legal. This ruling lead to great uncertainty from...
Section 118 of the Labour Relations Act
66 of 1995 (LRA) stipulates that a dismissal must be for a fair
reason and effected in accordance...
Welcome to the second edition of our
quarterly Global Employment Law Update. Working with lawyers from our
international team, we have identified key trends in employment law
to provide you with a country by-country overview of significant
Provided By Eversheds
Every once in a while, a new
technology, an old problem and a big idea turn into an innovation.
Dean Kamen Such an innovation may cause the inventor to obtain a
patent towards the protection thereof, and a granted patent is a
highly lucrative commercial tool
Provided By KISCH
In terms of the Basic Conditions of
Employment Act, 75 of 1997 (BCEA), all employees are entitled
to a minimum number of days leave per...
In the matter of Legal Aid South Africa
v Mayisela and Others LAC (CA9/17)  ZALAC [Delivered 5 February
2019), the Labour Appeal Court (LAC),...
Since the Constitutional Court declared
the private use of cannabis legal in the matter of Minister of
Justice and Constitutional Development and Others v Prince...
Mather and Amy
Most employers are familiar with the
principle of no work, no pay in the context of strike action,
but what about the concept of work,...
Section 6(1) of the Employment Equity
Act, No 55 of 1998 (EEA) states that no person may unfairly
discriminate against an employee, either directly or...
About this publication: Employment
Rights forms one volume of a quartet by the author, which together
covers the entire field of labour law as it has...
Introduction Awareness of sexual
harassment in the workplace has become particularly pronounced over
recent years due to rising awareness on social media platforms
following the #METOO...
It is trite in employment law that
reinstatement is the primary remedy for unfair dismissal under the
Labour Relations Act 66 of 1995 as amended...
Coetzer and Jessica
Disciplinary action occurs when a rule
or standard of conduct in the working environment has been breached
and cannot be remedied by any other means....
The South African Revenue Service
(SARS) has published an updated Interpretation Note 17
(Interpretation Note) on how to determine whether a person is an
Brink and Aadil
An Emoluments Attachment Order (EAO) is
a debt collection process in which a court order stipulates the terms
whereby the judgment creditor can attach or...
Employers tend to charge employees who
have received financial gain from misconduct with dishonesty or fraud
even in cases where the benefit can be attributed...
Rapuleng and Tamsanqa
With the arrival of 2019, we saw the
National Minimum Wage Act No. 9 of 2018 (NMWA) come into
effect, which has not pleased those...
The past year has been challenging for
South Africas construction industry, with some of the countrys
best-known construction companies facing business rescue or
The Constitutional Court in Long v
South African Breweries (Pty) Ltd and Others  ZACC 7, recently
held that Ã‹Å"there is no requirement for an...
A brief explanation of the role of
comparators in equal pay claims. An equal pay claim generally ensures
that two people doing equal work are paid...