Author Archives: office

The dynamics of the South African labour market has overwhelmingly changed in recent years. This has largely contributed to technological advancements, high rates of unemployment and an overall dissatisfaction with workplace cultures, to name a few. While gig work is no new phenomenon, more South Africans are opting out of standard and traditional forms of […]

Turner // Environ Skincare (Pty) Ltd (2023) CCMA Arbitration Award Often employers misdiagnose poor performance as misconduct. While both instances require a process to be followed before dismissing an employee, these processes are different in nature, and if misconstrued, it could result in the employee being subjected to an unfair process. In the aforementioned case, […]

Majambe // University of South Africa [2023] 7 BALR 770 (CCMA) The reason and manner in which fixed-term contracts are terminated is an issue that is frequently decided by our courts and other dispute resolution forums, this too is the case with indefinite employment contracts of course. Fixed-term contracts are employment contracts wherein the parties […]

Makuleni v Standard Bank of South Africa Ltd and Others (JA125-2021) [2023] ZALAC 4 A hostile work environment is defined in the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, 2022 (“CODE”) as a work environment where conduct related to a prohibited ground impacts the dignity of one or […]

Wheelwright // CP de Leeuw Johannesburg (Pty) Ltd [2023] 5 BLLR 393 (LAC) The Constitutional Court has determined that full and final settlement clauses, when concluded in the correct circumstances, are lawful and binding. While such full and final clauses may be useful, it must be kept in mind that these clauses must be drafted […]

Food and Allied Workers Union obo Julies // Unitrans Supply Chain Solutions (Pty) Ltd [2023] (NBCRFLI): Arbitration Award While everyone enjoys their time off from work, it is usually during this time off that individuals may overindulge. It is important to bear in mind that going to work, while under the influence of any alcohol […]

The Commission for Conciliation, Mediation and Arbitration (“the CCMA”) continues to do admirable work within the employment landscape. However, COVID, significant budget cuts and increasing demands on a dispute resolution body that is required to service thousands of employers and employees annually have taken a toll on its ability to operate as effectively and efficiently […]

We have received a few queries about B-BBEE compliance and are looking at expanding our service offering. Director of Justine Del Monte & Associates Inc., Justine has joined forces with Sigi Prinsloo, who will be the firm’s go-to for B-BBEE compliance processes. Sigi Prinsloo studied law (BComm LLB) at Stellenbosch University, and Bucerius Law School […]

Trade unions also referred to as ‘organised labour’ or ‘bargaining agents’ play a fundamental role in the South African economy and society at large. In addition, they have substantially influenced the landscape of employment law in South Africa. This is evident in the inclusion of workers’ rights in section 23 (2) of the Constitution of […]

Dear Clients, We are sure that by now you have heard about the passing of the Employment Equity Amendment Act 4 of 2022 (“Act”) as well as the Draft Employment Equity Regulations 2023 (“Regulations”) which lay open for public comment. If you have not, do not fear, we will briefly unpack the Act and Regulations […]