When most employees and employers think about workplace disputes, they immediately focus on unfair dismissals. However, South African labour law provides protections against a much broader range of unfair employer conduct through provisions on unfair labour practices and constructive dismissals. Understanding these concepts is crucial for both employers and employees to maintain fair workplace relationships.

In today’s evolving workplace, non-standard employment arrangements have become increasingly common. However, both employers and employees often struggle to understand their rights and obligations under these arrangements. Let’s break down the key aspects of non-standard employment as defined in the Labour Relations Act.

Most of us think we understand employment contracts until we actually need to use them. That’s when the surprises start emerging – and they can be significant for both employers and employees. Let’s uncover some of the most important truths that could impact your working relationship.

Understanding the Basic Conditions of Employment Act (BCEA), No. 75 of 1997, is crucial to both employers and employees in South Africa. The BCEA serves as the cornerstone of employment conditions, laying out minimum leave entitlements that protect employees while providing clarity for employers. In this blog post, we discuss and unpack key provisions related to leave, explore common misconceptions, and highlight important distinctions in leave types, helping you navigate this often complex area.

Navigating retrenchments is a sensitive, complex process – one that goes far beyond the logistics of reducing headcount. At Justine Del Monte & Associates, our approach is to minimise litigation risk while ensuring that proper and efficient workplace practices, procedures and controls are implemented during this process.  Recent retrenchment announcements from major retailers Superbalist and […]

Umicore Catalyst South Africa (Pty) Ltd v National Union of Metalworkers of South Africa and Others (PA3/23) [2024] ZALAC 37 (29 August 2024) Umicore, a manufacturer of catalytic converters, acquired Delphi (Pty) Ltd and operated from Delphi’s leased premises in Young Park and its own in Deal Party, Gqeberha. In 2015, Umicore decided not to […]

LABOUR COURT CONFIRMS LEGAL POSITION ON ANNUAL LEAVE ACCUMULATION AND FORFEITURE IN HARTLEY V SMD TRADING GROUP CC (D138/21) [2024] ZALCD 16 (26 JUNE 2024) The Applicant (Hartley) in the aforementioned case, referred a dispute to the Labour Court (“LC”) in terms of section 77(3) of the Basic Conditions of Employment Act 75 of 1997, […]

Solidarity obo Erasmus v Eskom Holdings SOC Ltd (C1001-18) [2024] ZALCCT 18 (24 May 2024) (1) (1) Applicable Legislation Constitution of the Republic of South Africa, 1996 (“Constitution”) Section 9 of the Constitution affords everyone the right to equality and provides that everyone is equal before the law and has the right to equal protection […]