by VDT Attorneys | May 15, 2018 | BEE, Company, Employment
The Department of Trade and Industry published two draft statements on 29 March 2018 which contain a number of notable amendments to the current BEE Codes of Good Practice and provide for a 60 day period to provide comments on the proposed amendments (“Code...
by VDT Attorneys | Feb 7, 2018 | Appeal, Dispute resolution, Employment, Labour, Litigation, Unfair Labour Practice
To clarify the rule of practice that ‘cost orders follow the result’, or plainly put, that the unsuccessful party must pay the costs of litigation, our Constitutional Court recently reviewed this rule of practice in the context of labour matters heard in the Labour...
by VDT Attorneys | Oct 10, 2017 | Employment, Labour
You are correct in that even though employees are on a protected strike, unions and their striking members are not allowed to intimidate, act violently or cause damage or take part in other unlawful conduct whilst striking. To curb such conduct, employers can...
by VDT Attorneys | Sep 7, 2017 | Employment, Labour
This is a good question and one not so easy to answer. In South Africa, our labour laws provide for the following test to help determine whether someone is an independent contractor or an employee. A person who works for, or renders services to, any other person is...
by VDT Attorneys | Feb 10, 2017 | Addiction, Employment, Labour
There is a thin line between addiction and being under the influence of alcohol or drugs. Our labour laws recognise addiction as a form of incapacity and employers are required to actively assist employees with overcoming addiction through counselling and...
by VDT Attorneys | Sep 12, 2016 | Dispute resolution, Employment, Labour, Unfair Labour Practice
You are correct. In terms of our labour legislation, an employer cannot just dismiss you without a fair disciplinary hearing. Generally, employees can be dismissed for one of three reasons, namely misconduct, incapacity and operational requirements. In your case, the...
