Employment law

The role of debarment in ensuring compliance with the FAIS Act

The question regarding the correct process to follow when initiating disciplinary inquiries against the employees or independent contractors of a financial services provider (FSP) remains a topic of interest in […]

Read more

Employment law update – ‘He said, she said’ claims of sexual harassment

In Skinner v Ekapa Mining and Others [2025] 1 BLLR 60 (LC), Mr Skinner (the Employee) was employed by Ekapa Mining as an acting shift boss who supervised a team […]

Read more

Employment law update – Dismissals motivated by trade union activities

In Association of Mineworkers and Construction Union obo Maluleke and Others v Gold Plat Recovery (Pty) Ltd [2024] 10 BLLR 1043 (LC), the Association of Mineworkers and Construction Union (AMCU) […]

Read more

Shifting from urine to saliva cannabis screening – a call for a rationally grounded drug testing system in the South African workplace

In a comprehensive study entitled: ‘Implications of the use of cannabis in the South African workplace’, I recommended South Africa’s corporate environment to move from urine to saliva drug testing, […]

Read more

The choice between dual or single deemed employment relationship – the big debate

Section 198A(3)(b)(i) of the Labour Relations Act 66 of 1995 (LRA) stipulates that: ‘(3) For the purposes of this Act, an employee – … (b) not performing such temporary service […]

Read more

Balancing workplace safety and privacy: Implications of the Enever v Barloworld judgment on cannabis use policies

A recent Labour Appeal Court judgment (Enever v Barloworld Equipment South Africa, a division of Barloworld South Africa (Pty) Ltd [2024] 6 BLLR 562 (LAC)), (referred to as the Barloworld […]

Read more

Employment law update – Redundancy processes

In Fischer Tube Technik SA v Bayene and Another [2024] 9 BLLR 917 (LAC) the appellant, Fischer Tube Technik SA (FTT), closed down the portion of its business which dealt […]

Read more

Employment law update – What remedies are available to TES employees to enforce similar treatment?

In Bata SA (Pty) Ltd and Another v Southern African Clothing and Textile Workers’ Union obo Members and Others [2024] 8 BLLR 866 (LAC), Scribante Labour Consultants (Scribante) operated as […]

Read more

Employment Law Update – Unfair discrimination in recruitment process

In Landman v Minister of Agriculture, Forestry and Fisheries and Another [2024] 7 BLLR 746 (LC) a white male candidate, Mr Landman, alleged that he was unfairly discriminated against on […]

Read more

Listed or arbitrary harassment: Determining the nature of workplace harassment

With the advent of constitutional democracy, the South African legal system conforms to the Constitution. Section 2 thereof is important. In terms of s 1(c) the country is founded on […]

Read more
X
De Rebus