Labour Law

Problems and Solutions for Employee Accommodation

All landowners, including farmers and owners of lifestyle properties, who live outside urban areas, are subject to the Extension of Security of Tenure Act (ESTA). Therefore, all employees, including farm workers and domestics, who reside on these properties, are afforded the protection of ESTA. Thus, those employees who are accommodated on the property may not be evicted from the property without a court order.

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What To Do About An Employee Who Is Incompetent?

What happens when an employer can see that an employee is failing to attain the standard of performance required of them in their job?

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New-Code-of-Conduct-for-Harassment-in-the-Workplace-An-End-to-Eye-Rolling.

New Code Of Conduct For Workplace Harassment: An End To Eye-rolling

Many South Africans consult with a traditional healer instead of a ‘regular doctor’ for medical needs. Most employers in the professional sphere, would be reluctant to accept a medical certificate from a traditional healer. What does the law say?

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“I’m Booked Off Work”, “By Who?” Says The Boss, “By My Traditional Healer”

“I’m Booked Off Work”, “By Who?” Says The Boss, “By My Traditional Healer” Read More »

When All Employees Are Equal, But Some Are More Equal Than Others – Justifiable Discrimination In The Workplace

If an employer does this because of any of the grounds listed in section 6(1) of the EEA (including gender, age, disability, religion etc.), it will automatically amount to unfair discrimination. If an employer does this because of any of the grounds listed in section 6(1) of the EEA (including gender, age, disability, religion etc.), it will automatically amount to unfair discrimination.

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Covid Injection Or Employment Ejection: Dismissing Unvaccinated Employees

A question that has been asked by many employers recently has been whether an employee can be dismissed for refusing to be vaccinated in South Africa?

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Trade Union Organisational Rights In The Workplace

With unions come their organisational rights, which are rights that a registered trade union may exercise in a workplace to enable the union to organise and represent member employees in their workplaces.

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Depression & Dismissal – A Recent Decision

The prevalence of depression in the workplace was highlighted in the recent case of Legal Aid South Africa v Jansen [2020] JOL 47984 (LAC), wherein the Labour Appeal Court (“LAC”) had to decide on whether the employee’s dismissal was automatically unfair and whether he had been unfairly discriminated against on the basis of him suffering from depression.

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How To Choose An Executor

No matter how thorough your estate plan is,  choosing the right person to carry out your final wishes is one of the most critical aspects. It can be challenging to pick an organised executor to file paperwork on time who is also diplomatic enough to handle potentially volatile family relationships.

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Have You Updated Your Will Lately?

A startling statistic is that more than 70% of South Africans don’t have a will. This is very disturbing because when someone dies without a valid will, it’s called dying intestate. This leaves the distribution of their assets and belongings up to a judge and South African law.

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