# Justine Del Monte

> Employment & Labour Law Specialist


## Posts

- [Heritage, Belonging and Better Workplaces](https://justinedelmonte.co.za/heritage-belonging-and-better-workplaces/): September is Heritage Month in South Africa—a time to recognise the cultures, languages, traditions and histories that shape our society.
- [AI Is Already in Your Workplace - Is Your Business Managing the Risk?](https://justinedelmonte.co.za/ai-is-already-in-your-workplace-is-your-business-managing-the-risk/): Artificial intelligence is no longer something businesses are preparing to use in the future. It is already being used in workplaces every day.
- [When Retrenchment Becomes a Legal Risk](https://justinedelmonte.co.za/when-retrenchment-becomes-a-legal-risk/): Restraint of trade clauses are often treated as standard wording in an employment contract. They are signed at the beginning of the employment relationship, when the focus is usually on the role, salary, benefits and start date. For many employees, the restraint clause is only properly considered much later, when they resign, are dismissed, are retrenched, or receive an offer from a competitor.
- [The Hidden Risks in Restraint of Trade Clauses](https://justinedelmonte.co.za/the-hidden-risks-in-restraint-of-trade-clauses/): Restraint of trade clauses are often treated as standard wording in an employment contract. They are signed at the beginning of the employment relationship, when the focus is usually on the role, salary, benefits and start date. For many employees, the restraint clause is only properly considered much later, when they resign, are dismissed, are retrenched, or receive an offer from a competitor.
- [Incapacity Is Bigger Than Illness: Why Employers Need to Diagnose the Problem Correctly](https://justinedelmonte.co.za/incapacity-is-bigger-than-illness-why-employers-need-to-diagnose-the-problem-correctly/): In employment law, the word incapacity is often treated as if it belongs only in conversations about sickness, injury, or long-term medical conditions. That is usually where people’s minds go first. If an employee is unwell and can no longer perform their role, incapacity seems obvious. But in practice, incapacity is often far broader than that.
- [The 2026 Labour Law Reform Watch: Why Smart Workplaces Are Preparing Before the Law Changes](https://justinedelmonte.co.za/the-2026-labour-law-reform-watch-why-smart-workplaces-are-preparing-before-the-law-changes/): In South Africa, labour law discussions often become urgent only once changes are finalised. By then, employers are scrambling to update policies, HR teams are under pressure, and employees are trying to understand rights in the middle of uncertainty.
- [The Rise of Mutual Separation Agreements: When “Mutual” Must Mean Something](https://justinedelmonte.co.za/the-rise-of-mutual-separation-agreements-when-mutual-must-mean-something/): In recent years, there has been a noticeable shift in how employment relationships end in South Africa. Increasingly, employers and employees are opting for mutual separation agreements rather than proceeding with formal disciplinary hearings , incapacity processes, or retrenchment consultations. On the surface, this seems pragmatic. It avoids protracted investigations and  hearings, CCMA referrals, reputational damage and operational disruption. But while mutual separation agreements can be effective tools, they are not shortcuts. They are legally binding instruments that carry significant risk if poorly structured or improperly obtained. Most importantly, the word “mutual” is not decorative. It is foundational. Why the […]
- [CCMA delays in 2026: Why “appropriate” dispute resolution is becoming essential (and how to do it lawfully)](https://justinedelmonte.co.za/ccma-delays-in-2026-why-appropriate-dispute-resolution-is-becoming-essential-and-how-to-do-it-lawfully/): If you’ve felt the wheels turning slower at the CCMA (or the Labour Court), you’re not imagining it. More and more employers (and employees) are struggling to get timely access to commissioners, hearing dates, and efficient processes. And it doesn’t appear to be a single-institution problem — it reflects broader strain across parts of the dispute-resolution system.
- [Hiring in 2026: Getting Your Employment Checks Right (Without Crossing the Line)](https://justinedelmonte.co.za/hiring-in-2026-getting-your-employment-checks-right-without-crossing-the-line/): Hiring new employees is still one of the riskiest decisions an employer makes. You’re trying to protect your business, manage compliance and find the right person – all under time pressure. That’s exactly why it’s so tempting to lean heavily on important tools such as background checks, especially criminal and credit records.
- [2025 Employment Law in South Africa: Four Cases HR Teams Must Act On Before Year-End](https://justinedelmonte.co.za/2025-employment-law-in-south-africa-four-cases-hr-teams-must-act-on-before-year-end/): From parental leave equality to incapacity management and arbitration award standings, 2025 delivered a new pivotal Constitutional Court judgment and reaffirmed legal positions. Here’s a concise, action-oriented review for HR leaders. 
- [Employment Equity in 2025: Targets, Pitfalls, and a Practical Path to Compliance](https://justinedelmonte.co.za/employment-equity-in-2025-targets-pitfalls-and-a-practical-path-to-compliance/): South Africa’s Employment Equity Act (EEA) has always aimed at two things: eliminating unfair discrimination and advancing equitable representation. In 2025, that mission gained sharper teeth. The Minister identified national economic sectors and set sectoral numerical targets under section 15A. Designated employers must now align their five-year Employment Equity Plans (EE Plans) with these sector targets—and show reasonable progress annually.
- [Understanding the 2025 Amendments to the Code of Good Practice on Dismissals](https://justinedelmonte.co.za/understanding-the-2025-amendments-to-the-code-of-good-practice-on-dismissals/): On September 4, 2025, significant amendments to South Africa's Code of Good Practice on Dismissals came into effect—the first changes to Schedule 8 of the Labour Relations Act since its inception in 1995. While these amendments have generated considerable discussion in HR circles, the most important message is this: the law hasn't fundamentally changed. 
- [Understanding Harassment Law in South Africa: A Comprehensive Guide](https://justinedelmonte.co.za/understanding-harassment-law-in-south-africa-a-comprehensive-guide/): Harassment in the workplace and beyond remains a pervasive issue that affects countless South Africans daily. However, many people are unaware of the robust legal framework that exists to protect them. Understanding your rights and the available remedies is crucial for creating safer environments and holding perpetrators accountable.
- [Understanding Strikes and Lockouts in South African Labour Law](https://justinedelmonte.co.za/understanding-strikes-and-lockouts-in-south-african-labour-law/): The recent FlySafair strikes have once again thrust labour disputes into the national spotlight, affecting thousands of travelers and highlighting the far-reaching consequences of industrial action. Understanding the legal framework governing strikes and lockouts is crucial for both employers and employees navigating South Africa's complex labour relations landscape
- [Understanding Trade Unions: A Practical Guide for Employers](https://justinedelmonte.co.za/understanding-trade-unions-a-practical-guide-for-employers/): In recent months, we've seen a surge in client inquiries about trade unions and collective labour law. Many employers express concern, even panic, when they first encounter union activity in their workplace. However, understanding the fundamentals of collective labour law can transform what seems like a threat into an opportunity for building productive workplace relationships.
- [When the Safety Net Fails: Navigating Workplace Disputes in the CCMA Crisis](https://justinedelmonte.co.za/when-the-safety-net-fails-navigating-workplace-disputes-in-the-ccma-crisis/): The Commission for Conciliation, Mediation and Arbitration (CCMA) was designed to be South Africa's workplace safety net—a place where employees and employers could resolve disputes fairly and efficiently. But what happens when the safety net itself is torn?
- [Managing Illness and Injury in the Workplace: A Practical Guide for Employers and Employees](https://justinedelmonte.co.za/managing-illness-and-injury-in-the-workplace-a-practical-guide-for-employers-and-employees/): Following our exploration of workplace misconduct last month, we're now turning to another critical area that generates frequent questions: how to handle employee illness and injury when it affects job performance. 
- [Disciplinary Hearings Done Right: What We're Seeing in the Field](https://justinedelmonte.co.za/disciplinary-hearings-done-right-what-were-seeing-in-the-field/): In recent months, our team has chaired numerous disciplinary hearings across various industries. Whether conducted in person or online, we've noticed consistent patterns that often undermine what should be a fair and effective process. Here's what we're observing and how both employers and employees can get disciplinary hearings back on track.
- [Understanding Unfair Labour Practices and Constructive Dismissals in South Africa](https://justinedelmonte.co.za/understanding-unfair-labour-practices-and-constructive-dismissals-in-south-africa/): 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.
- [Understanding Non-Standard Employment: A Guide to Labour Brokers, Fixed-Term, and Part-Time Contracts](https://justinedelmonte.co.za/understanding-non-standard-employment-a-guide-to-labour-brokers-fixed-term-and-part-time-contracts/): 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.
- [The Hidden Truths of Employment Contracts: A Guide for Both Sides of the Desk](https://justinedelmonte.co.za/the-hidden-truths-of-employment-contracts-a-guide-for-both-sides-of-the-desk/): 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 Leave Entitlements Under South Africa’s BCEA: What Employees and Employers Need to Know](https://justinedelmonte.co.za/understanding-leave-entitlements-under-south-africas-bcea-what-employees-and-employers-need-to-know/): 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.
- [Understanding the retrenchment consultation process in south africa](https://justinedelmonte.co.za/understanding-the-retrenchment-consultation-process-in-south-africa/): 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 Pick n Pay have underscored the importance of handling workforce reductions with care and strategic foresight. As businesses face mounting financial pressures, retrenchments may seem unavoidable –  however, approaching these decisions with empathy and a clear, transparent process can make all the difference. Retrenchments done […]
- [The fairness and objectivity of behavioural assessments when selecting employees for retrenchment](https://justinedelmonte.co.za/the-fairness-and-objectivity-of-behavioural-assessments-when-selecting-employees-for-retrenchment/): 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 renew the Young Park lease, which resulted in the potential redundancy of fifty (52) positions due to overlapping functions. Following the requirements of section 189A of the Labour Relations Act, 66 of 995, as amended (“LRA”), Umicore conducted a pre-retrenchment process facilitated by the Commission […]
- [How the Hartley case changes annual leave rules](https://justinedelmonte.co.za/how-the-hartley-case-changes-annual-leave-rules/): 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, as amended (“BCEA”). In accordance with this section, the LC has concurrent jurisdiction with the civil courts to hear and determine any matter concerning a contract of employment. The Applicant contended that the Respondent and his employer (SMD Trading Group CC) acted in breach of […]
- [The Effect Of Affirmative Action Measures On Job Applicants](https://justinedelmonte.co.za/the-effect-of-affirmative-action-measures-on-job-applicants/): 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 and benefit from the law. In addition to this, section 9(4) provides that no person may unfairly discriminate directly or indirectly against anyone on one or more of the following grounds – including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual […]
- [The Rise Of Fraudulent Medical Certificates – When May An Employee Be Dismissed?](https://justinedelmonte.co.za/the-rise-of-fraudulent-medical-certificates-when-may-an-employee-be-dismissed/): Fraudulent medical certificates are no new phenomenon within the workplace. The Labour Appeal Court (“LAC”) recently addressed the issue of employees allegedly furnishing fraudulent medical certificates to their employers in the judgments of Sibanye Rustenburg Platinum Mine v Association of Mineworkers and Construction Union obo Sono and Others (JA32-2022) [2024] ZALAC 23 (2 May 2024) (1) (“Sibanye case”) and Woolworths (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JA90/2022) [2024] ZALAC (13 June 2024) (“Woolworths case”).  In the Sibanye case, fifty-nine (59) employees were dismissed by Sibanye Rustenburg Platinum Mine (“Appellant”) for submitting false medical certificates. After the […]
- [Factors To Consider When Employing Foreign Nationals](https://justinedelmonte.co.za/factors-to-consider-when-employing-foreign-nationals/): The devastating building collapse which occurred in George, Western Cape on 6 May 2024 has become a topic of conversation on local and international news outlets, social media platforms, and households across the country. Although there were several questions raised about the cause of the incident, significantly more were raised about the hiring of foreign nationals, as it was confirmed that a large majority of the workers who were rescued and recovered from the scene, were not South African nationals. Based on the general public’s response to this information, it is evident that many people are unaware of the legal […]
- [The Workplace Rights Of Cannabis Users Confirmed](https://justinedelmonte.co.za/the-workplace-rights-of-cannabis-users-confirmed/): THE WORKPLACE RIGHTS OF CANNABIS USERS CONFIRMED IN ENVER V BARLOWORLD EQUIPMENT SOUTH AFRICA, A DIVISION OF BARLOWORLD SOUTH AFRICA (PTY) LTD (JA86/22) [2024] ZALAC 12 (23 APRIL 2024). The Labour Appeal Court (“LAC”) in Enver v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd (JA86/22) [2024] ZALAC 12 (23 April 2024) contemplated the fairness of the Appellant’s dismissal after she tested positive for cannabis while on duty, and was summarily dismissed. The events which gave rise to the Appellant’s dismissal occurred on 29 January 2020 when the Appellant was required to undergo a routine medical […]
- [National Minimum Wage Increases By R2,16 For Each Ordinary Hour Worked](https://justinedelmonte.co.za/national-minimum-wage-increases-by-r216-for-each-ordinary-hour-worked/): As you may be aware, with effect from 01 March 2024, the National Minimum Wage (“NMW”) was increased from R 25.42 to R 27.58 for each ordinary hour worked. This increase is applicable to farm workers and domestic workers, and where an employee, other than an employee employed on an expanded public works programme or a learnership programme earn below this national minimum, their hourly rate of pay must be increased to meet the new NMW. NMW VS the Earnings Threshold in the BCEA: Is there a difference? Yes, there is a difference between the NMW and the Earnings Threshold provided for in the […]
- [The Weight Of Misconduct Confessions](https://justinedelmonte.co.za/the-weight-of-misconduct-confessions/): In the recent case of Brauns and Others v Wilkes N.O and Others (JA 47/22) [2024] ZALAC 1 (18 January 2024), the Labour Appeal Court (hereinafter referred to as the “LAC”) considered an appeal of a review application by three (3) employees of the South African Police Service (hereinafter referred to as the “SAPS”), who were dismissed in 2016 for dishonesty after they were found guilty of fraud and conspiracy to commit fraud. It was alleged that the First Appellant unlawfully, intentionally, defrauded and prejudiced the State by misrepresenting that he and the other two (2) Appellants were entitled to […]
- [The Implications Of CV Fraud: Don’t Fake It Till You Make It](https://justinedelmonte.co.za/the-implications-of-cv-fraud-dont-fake-it-till-you-make-it/): As a new financial year commences, many businesses are recruiting and onboarding new talent to join their workforce. If recent events have taught us anything, it’s that fraud, particularly CV fraud is on the rise. Providing false information and/or making overstatements on a CV has not only become a popular trend amongst job seekers, but more employers are uncovering CV fraud and misrepresentations made by employees who, in some cases, have been in their employ for a significant number of years.  What is fraud? The South African Police Service describes fraud, which is a criminal offence, as “the unlawful and […]
- [The South African Gig Economy: Challenges and Opportunities](https://justinedelmonte.co.za/the-south-african-gig-economy-challenges-and-opportunities/): 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 work and venturing into gig work and freelancing instead. The gig economy is a labour market consisting of short-term contractors and freelancers who undertake to perform a specific service or task without a long-term commitment to any one employer. Gig workers generally offer their services […]
- [The Risks Of Casting Incapacity As Misconduct](https://justinedelmonte.co.za/the-risks-of-casting-incapacity-as-misconduct/): 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, the CCMA dealt with such an instance of alleged gross negligence and gave guidance on how to distinguish capacity, in the form of poor performance, from misconduct. Turner was employed by Environ as a brand manager during March 2021. She reported to the brand marketing […]
- [Proving A Reasonable Expectation Of Fixed-Term Contract Renewal](https://justinedelmonte.co.za/proving-a-reasonable-expectation-of-fixed-term-contract-renewal/): 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 expressly agree on the duration of the employee’s employment and stipulate the date, event or task which will terminate the employment relationship. Fixed-term contracts are generally not terminated prior to the specified termination date unless the parties agree to an early termination. Grounds for early […]
- [Objectively Determining When A Hostile Work Environment Is Created](https://justinedelmonte.co.za/objectively-determining-when-a-hostile-work-environment-is-created/): 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 more employees and has a negative impact on an employee’s ability to work and/or on their personal well-being. The CODE takes this definition a step further and emphasises that a hostile work environment may be the result of the conduct of persons in authority such […]
- [Release From Restraints Of Trade Under Full And Final Settlement Agreements](https://justinedelmonte.co.za/release-from-restraints-of-trade-under-full-and-final-settlement-agreements/): 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 in a very specific manner to ensure that the parties are not cutting their nose to spite their face.   In the matter of Wheelwright // CP de Leeuw Johannesburg (Pty) Ltd the Labour Appeal Court (“LAC”) had to determine whether or not a full and […]
- [“Under The Influence” While In The Workplace](https://justinedelmonte.co.za/under-the-influence-while-in-the-workplace/): 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 an individual previously consumed may still affect an individual’s abilities and his/her work output, and possibly place the individual at physical risk within the workplace.  In the abovementioned matter, the Bargaining Council (“BC”) had to decide if the reason for the dismissal was fair based […]
- [A Case For Provate Dispute Resolution In The Workplace](https://justinedelmonte.co.za/a-case-for-private-dispute-resolution-in-the-workplace/): 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 as we have come to expect from years past. As employment law practitioners we have also experienced the frustration felt by employers and employees as CCMA users.         Recent amendments to the CCMA rules, such as the ones directing Commissioners to re-schedule an arbitration or remove […]
- [Director Of Justine Del Monte & Associates Inc., Justine Has Joined Forces With Sigi Prinsloo For B-BBEE Compliance Processes](https://justinedelmonte.co.za/director-of-justine-del-monte-associates-inc-justine-has-joined-forces-with-sigi-prinsloo-for-b-bbee-compliance-processes/): 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 (Hamburg) and was admitted as an attorney of the High Court of South Africa in 2008. For the last 10 years, Sigi has practised in various capacities in the B-BBEE consulting Industry, focusing on developing strategies for businesses to reach their required B-BBEE level in […]
- [Worker’s Rights In South Africa: An Overview Of Trade Unions](https://justinedelmonte.co.za/workers-rights-in-south-africa-an-overview-of-trade-unions/): 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 the Republic of South Africa, 1996 (“the Constitution”).  Despite their imperative function, trade unions may be perceived as unhelpful by most people, not just employers. Further adding to this notion is the reality that workers are unaware of what their workplace rights actually entail and […]
- [Important Amendments To The Employment Equity Act And The Potential Impact Of These On Employers And Employees](https://justinedelmonte.co.za/important-amendments-to-the-employment-equity-act-and-the-potential-impact-of-these-on-employers-and-employees/): 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 below as well as the potential impact of these pieces of legislation on employers and employees. The Act was assented to by the President and became an Act of Parliament on 14 April 2023. However, the President is yet to proclaim the date by which […]
- [The Light At The End of Load Shedding](https://justinedelmonte.co.za/the-light-at-the-end-of-load-shedding/): Load shedding has had a tremendously negative impact, on many South Africans, particularly on the business and economic sectors. It has become somewhat clear that load shedding is here to stay for the foreseeable future. If so, what does this mean for businesses that are unable to operate and the resultant staff wages for these downtimes? While most employers are under the impression that the “no-work-no-pay” principle may apply, this is simply not the case. An employment relationship exists where an employee makes his/her productive capacity available to an employer at predetermined times. The employer remunerates the employee for being […]
- [An Employer’s Rights When Employees Are Found To Be Under The Influence Of Drugs Or Intoxicated While On Duty](https://justinedelmonte.co.za/an-employers-rights-when-employees-are-found-to-be-under-the-influence-of-drugs-or-intoxicated-while-on-duty/): NUMSA obo Nhlabathi and 1 Other v PFG Building Glass PTY Ltd JR 1826 -2020 2022 ZALCJHB 292 This case concerns an employer’s zero-tolerance policy on drugs and alcohol which resulted in the dismissal of employees who tested positive for cannabis while on duty.  The Applicants were employed by the Respondent (PFG Building Glass (Pty) Ltd) as manufacturing operators. A disciplinary hearing was held into the Applicants’ misconduct which subsequently resulted in their dismissal. The allegation against them was that they, inter alia, tested positive for ‘dagga’ or cannabis in their system while on duty, which was a dismissible offence […]
- [Does Working Beyond An Agreed Retirement Age Create A New Employment Agreement Or Contract?](https://justinedelmonte.co.za/does-working-beyond-an-agreed-retirement-age-create-a-new-employment-agreement-or-contract/): This contentious issue was the focus of an appeal before the Labour Appeal Court (“LAC”) in the case of Motor Industry Staff Association and Another v Great South Autobody CC t/a Great South Panel Beaters (JA68/2021) [2022] ZALAC 103.  The second Appellant, Mr. Landman, appealed the decision of the Labour Court (“LC”) which dismissed his unfair discrimination claim, based on his age, in terms of section 187(1)(f) of the Labour Relations Act, 66 of 1995, as amended (“LRA”). Mr. Landman was employed by the Respondent, Great South Panel Beaters from November 2007 and agreed to a retirement age of 60 […]
- [What Does The Law Say About Employees Returning To The Office?](https://justinedelmonte.co.za/what-does-the-law-say-about-employees-returning-to-the-office/): As the COVID-19 pandemic lifts, normality slowly returns to SA inclusive of employees returning to the office. While some employees enjoyed remote working but want to return to the office, others have become accustomed to either solely remote working or a hybrid thereof, i.e. working from home and the office. While these working premises changes were necessary during the pandemic, it is no longer a stringent requirement, and employers are calling on their employees to return to the office. But what are the employers’ rights when employees refuse to return to the office? Basic principle: It is important to remember […]
- [SALARY REDUCTION/DEDUCTION AS A FORM OF AN UNFAIR LABOUR PRACTICE](https://justinedelmonte.co.za/salary-reduction-deduction-as-a-form-of-an-unfair-labour-practice/): Seethal / SGMH Cartridge Supplies (Pty) Ltd [2022] 9 BALR 955 (CCMA) As set out in our first Friday question for the month of November, everyone is entitled to fair labour practices. I reiterate that while section 186(2) of the Labour Relations Act 66 of 1995 (LRA) defines an unfair labour practice, the Constitutional Court has held that this is not an exhaustive list as section 23(1) of the Constitution creates a protective umbrella.  Where an employer reduces or deducts from an employee’s salary without prior consultation or agreement, even if the employer has a valid reason for wishing to […]
- [THE COMMON PURPOSE DOCTRINE NUMSA obo Aubrey Dhludhlu & 147 others // Marley Pipe Systems (SA)(Pty) Limited [2022] ZACC 30](https://justinedelmonte.co.za/the-common-purpose-doctrine-numsa-obo-aubrey-dhludhlu-147-others-marley-pipe-systems-sapty-limited-2022-zacc-30/): The Doctrine of Common Purpose is derived from criminal law principles. In essence, the Doctrine “ … imputes liability for an act of the perpetrator of a criminal act to those who associate themselves with the act before or during its commission.”.  As the implications of such imputed liability may seriously affect another individual’s rights, the courts must be particularly careful when applying the criteria of this Doctrine.  The Constitutional Court (“CC”) in the abovementioned judgment held that the Labour Court (“LC”) and Labour Appeal Court (“LAC”) unfortunately imputed liability to a group of employees by creating additional Doctrine criteria, […]
- [Company Policies on Employees Accepting Gifts](https://justinedelmonte.co.za/company-policies-on-employees-accepting-gifts/): Many employers implement restrictions on the acceptance of any gifts or favours from third parties such as clients or suppliers. It is not uncommon for these restrictions to be contained in disciplinary codes which prescribe general workplace conduct. Depending on the sector and nature of the work, the enforcement of these rules may vary and based on the severity of the alleged conduct, disciplinary sanctions may range from warnings to summary dismissal. In the matter between Security Officers Civil Rights and Allied Workers Union obo Mkuthu and others / KYA Guards, 2022 the Commission for Conciliation, Mediation and Arbitration was […]
- [COULD A POLICY, APPLICABLE TO ALL EMPLOYEES, AMOUNT TO DISCRIMINATION?](https://justinedelmonte.co.za/could-a-policy-applicable-to-all-employees-amount-to-discrimination/): Bernadette Enever // Barloworld Equipment, a division of Barloworld South Africa (Pty) Ltd [2022] (LC) On whom does the onus rest and what are the requirements necessary to prove that unfair discrimination took place in the workplace? This query was addressed in the aforementioned case. The Applicant was employed during April 2007 and dismissed on 30 April 2020. At the time of her dismissal she held the position of Category Analyst which is a desk position. She was not required to operate heavy machinery nor drive any vehicles. It was common cause that while the Applicant herself did not engage […]
- [DOES WITHDRAWAL OF A RESIGNATION NEED TO BE APPROVED BY AN EMPLOYER?](https://justinedelmonte.co.za/does-withdrawal-of-a-resignation-need-to-be-approved-by-an-employer/): Monareng Jeffery Mohlwaadibona // Dr JS Moroka Municipality [2022] LC While resignation is an employee’s unilateral act, the withdrawal thereof is not. Resignation withdrawals must (i) be within the currency of the notice period and (ii) accepted by an employer before it may be considered valid and enforceable. In the abovementioned case, the Labour Court (“LC”) dealt with an instance where an employee attempted to claim his resignation withdrawal had been granted and that his employment should continue when this was not the case.  During February 2019 the Applicant was employed by the Municipality as the Deputy Financial Officer. During […]
- [comparative piece: the effect of workplace vaccination policies on employment](https://justinedelmonte.co.za/comparative-piece-the-effect-of-workplace-vaccination-policies-on-employment/): Since the arrival of Covid-19 employers have shifted towards implementing mandatory vaccination policies in their respective workplaces. This is primarily due to their operational requirements and obligations in terms of the Occupational Health and Safety Act 85 of 1993. Workplace vaccination policies, whether mandatory or otherwise, have been the focus in various disputes before the Commission for Conciliation, Mediation and Arbitration (hereinafter “CCMA”). The outcome of these cases and their effect on employment will be discussed in greater detail below. The questions before the CCMA in Bessick v Baroque Medical (Pty) Ltd 2022, was whether the Applicant was unfairly retrenched […]
- [Derivative Misconduct and the Duty of Good Faith: When can an Employee be Dismissed for Derivative Misconduct?](https://justinedelmonte.co.za/derivative-misconduct-and-the-duty-of-good-faith-when-can-an-employee-be-dismissed-for-derivative-misconduct/): What is derivative misconduct and when does it occur? An employer must have a fair reason for dismissal in order to satisfy the element of substantive fairness. Misconduct is one such reason. Derivative misconduct refers to cases where an employee has knowledge of misconduct by other employees/ co-workers and opts not to disclose it to their employer. Such non-disclosure can be seen as a material breach of the duty of good faith upon which the employment relationship is founded. It is important to note that derivative misconduct is not a new form of misconduct. In fact, derivative misconduct stems from […]
- [An employee’s duty of good faith towards their employer when running “side-hustles”](https://justinedelmonte.co.za/an-employees-duty-of-good-faith-towards-their-employer-when-running-side-hustles/): Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat // CCMA & 2 Others [2021] (LAC) In this day and age it is not uncommon for individuals to have full time employment and side-hustles. These side-hustles are often with a view to making extra money to substitute their permanent employment income. While this may not normally be an issue, what is the position when the side-hustle is very similar to the employment of the individual? Could this result in a conflict of interest? This potential conflict of interest, and the employee’s duty to inform their employer of the potential conflict, was addressed […]
- [May an employee refuse its employer’s instruction to give evidence at arbitration to which the employer is an interested party?](https://justinedelmonte.co.za/may-an-employee-refuse-its-employers-instruction-to-give-evidence-at-arbitration-to-which-the-employer-is-an-interested-party/): Kaefer Energy Projects (Pty) Ltd // CCMA & 2 Others [2021] (LAC) Can an employer instruct an employee to give evidence at arbitration on its behalf? Is it misconduct if the employee refuses to do so? This topic was dealt with in the abovementioned case.  Background: Ms. Lifa Sukazi was employed with Kaefer as an assistant administrator in 2012 and dismissed, two months into her new position, for misconduct on 18 July 2017 after a disciplinary hearing dealing with two allegations against her. The allegations of misconduct were (i) her refusal to testify against her co-employee on behalf of Kaefer […]
- [Tech Giant Huawei to Tread Lightly after Employment Equity and Immigration Violations](https://justinedelmonte.co.za/tech-giant-huawei-to-tread-lightly-after-employment-equity-and-immigration-violations/): The Chinese ICT superpower, Huawei has found itself in quite the predicament with the Department of Employment and Labour (the Department) for not employing enough South African employees at their South African division.  In a statement issued by the Department on 11 February 2022, the Department confirmed that court action had been taken against Huawei Technologies South Africa (Pty) Ltd due to their non-compliance with employment equity regulations. This comes after an investigation was conducted by the Department in 2020 which revealed that the number of foreign nationals employed by the company is approximately 90% – which is well in […]
- [May employers make deductions to an employee's remuneration?](https://justinedelmonte.co.za/may-employers-make-deductions-to-an-employees-remuneration/): 12.01.2021 Shenaaz Padayachee // Interpak Books (Pty) Ltd 2014 (LC) Employers are often faced with instances where an employee’s actions have resulted in the employer incurring loss or damage. Instances where the employee is genuinely to blame, employers may wish to recover these losses or damages from the relevant employee. What right of recourse would the employer have in this regard? Can the employer simply deduct the money from the employee’s remuneration or is there a statutory process which must be followed? These aspects are dealt with in Shenaaz Padayachee // Interpak Books (Pty) Ltd 2014 (LC).  Ms. Padayachee, employed […]
- [Appropriate vs inappropriate behaviour in the workplace: Sexual harassment](https://justinedelmonte.co.za/appropriate-vs-inappropriate-behaviour-in-the-workplace-sexual-harassment/): With the power of love making some silly, it is important to remember not to blur the lines (#queRobinThickeAndPharell) of appropriate and inappropriate behaviour within the workplace. While that special someone may be a co-worker, bear in mind that workplace romances may literally and figuratively end in tears. A co-worker may cry ‘wolf’ if the romantic relationship sours which may result in grievance proceedings or disciplinary action being taken, by the company, against the alleged ‘wolf’. Remember the judgement in Shoprite Checkers (Pty) Ltd // JL & the CCMA [2021](LC), where one employee showed another employee too much affection through […]
- [ARE DISCUSSIONS DURING CONCILIATION PROCEEDINGS STRICTLY OFF THE RECORD?](https://justinedelmonte.co.za/are-discussions-during-conciliation-proceedings-strictly-off-the-record/): September & others // CMI Business Enterprise CC [2018] ZACC Rule 16 of the Commission for Conciliation, Mediation and Arbitration (“CCMA”) confirms that the information discussed during conciliations is private and confidential and may not be disclosed in subsequent proceedings. However, the Constitutional Court (“CC”) has confirmed that in certain instances where it would assist in determining the true nature of the dispute, information disclosed during such conciliation discussions may be raised in subsequent proceedings.      In the above mentioned case, the Applicants commenced employment with Respondent during August 2009 as general workers. The Respondent operated its business within the mining […]
- [TRICKS AND TRAPS OF EMPLOYEES WORKING BEYOND RETIREMENT AGE](https://justinedelmonte.co.za/tricks-and-traps-of-employees-working-beyond-retirement-age/): Did you know that South Africa has no legislated retirement age? That’s right. Often  parties are left to agree on a retirement age. This could be done through either having an agreed retirement age recorded in an employment contract, a retirement age becoming an established practice through a policy or through a linked compulsory retirement fund.   However, what happens where none of the above are in place? How and who determines at what age an employee must retire?  
- [EMPLOYEE BEHAVIOUR ON WORKPLACE WHATSAPP GROUPS AND OTHER SOCIAL MEDIA PLATFORMS](https://justinedelmonte.co.za/employee-behaviour-on-workplace-whatsapp-groups-and-other-social-media-platforms/): Nkuna // Outsurance Insurance Company Limited [2021] 4 BALR 408 (CCMA): Arbitration award There is no doubt that advancements in technology in recent years have drastically changed the working environment and created opportunities for a ‘gig economy’ to develop. The COVID-19 pandemic has also forced a change in the working environment resulting in the more frequent use of technology.  With companies making greater use of technology by utilising electronic communication and social media platforms to interact with its employees on a more frequent and real time basis, it is unfortunate that employees do not always fully appreciate that their possible […]
- [FAIRLY ADDRESSING EMPLOYEE MENTAL HEALTH RELATED ISSUES IN THE WORKPLACE](https://justinedelmonte.co.za/fairly-addressing-employee-mental-health-related-issues-in-the-workplace/): We have experienced a marked increase in clients seeking  legal advice on how lawfully and fairly to deal with employees in the workplace who may be suffering from a mental health illness or experiencing difficulties, which are in turn negatively impacting on their behaviour and/or performance.  While mental health related issues in the workplace  are not new, the stresses of the current pandemic and the isolation of working from home have exacerbated existing conditions, and in other instances resulted in new diagnosis of , inter alia, anxiety and depression. Employees suffering from mental health issues often do not disclose these […]
- [Understanding restraint of trade when changing employment](https://justinedelmonte.co.za/understanding-restraint-of-trade-when-moving-employment/): When moving employment between employers within the same industry, who may be competitors, it is important to first consider the impact any existing restraint of trade may have on the employee and his/her new employment.
- [Why not knowing your company’s policies could cost your job](https://justinedelmonte.co.za/why-not-knowing-your-companys-policies-could-cost-your-job/): Did you know that company policies do not have to be incorporated into employment contracts in order to be valid and binding on employees?  Employees often regard company policies as being unimportant or not applicable to their employment relationship because these policies do not form part of their signed employment contract. This is not correct.  
- [PRESCRIPTION OF ARBITRATION AWARDS](https://justinedelmonte.co.za/prescription-of-arbitration-awards/): FAWU obo Gaoshubelwe v Pieman’s Pantry (Pty) Ltd [2018] 6 BBLR 531 (CC) Is the Prescription Act 68 of 1969 (“PA”) compatible with the Labour Relations Act 66 of 1995 (“LRA”) and how does such (in)compatibility affect the prescription of arbitration awards? In the abovementioned matter Appellant, represented by the union, was dismissed for participating in an unprotected strike during August 2001. A dispute was referred to the Commission for Conciliation, Mediation and Arbitration (“CCMA”) and in March 2002 the commissioner ruled the CCMA lacked jurisdiction to arbitrate the matter.  Appellant took the CCMA ruling on review to the Labour […]
- [RETRENCHMENTS – THE WHATs, WHENs AND HOWs Webinar](https://justinedelmonte.co.za/retrenchments-the-whats-whens-and-hows-webinar/): Justine presented a webinar in association with BAN discussing retrenchment which was hosted by Shane Webb. In the webinar, Justine discussed understanding the mechanism to safely and fairly reduce the size of one’s workforce to cut costs, or to restructure an existing organization to improve efficiencies is critical to all business owners, particularly in these uncertain times. Please click on the button below to download the webinar. If you have any question related to the webinar please contact our office at 021 001 4400 or admin@justinedelmonte.co.za.
- [COVID-19 WORKPLACE HEALTH AND SAFETY PROTOCOLS MUST STILL BE TAKEN SERIOUSLY](https://justinedelmonte.co.za/covid-19-workplace-health-and-safety-protocols-must-still-be-taken-seriously/): Eskort Limited // Stuurman Mogotsi and 2 others JR1644/20 [2021] ZALCJHB 53 Introduction While many South Africans may have become desensitised to the current COVID-19 pandemic, the legislation implemented to protect employees within the working environment is still very much in force and must at all times be adhered to by employers and employees. The abovementioned judgment demonstrates this within the context of South Africa’s employment law. Background The Respondent (“Stuurman”) was employed by the Applicant (“Eskort”) as an Assistant Butchery Manager during 2018. During 2020 Stuurman was instructed to be a member of Eskorts’ Coronavirus Site Committee. Stuurman was […]
- [RETRENCHMENT – DOES A FAILURE TO ACCEPT A CHANGE TO TERMS AND CONDITIONS OF EMPLOYMENT RESULT IN AN AUTOMATICALLY UNFAIR DISMISSAL?](https://justinedelmonte.co.za/retrenchment-does-a-failure-to-accept-a-change-to-terms-and-conditions-of-employment-result-in-an-automatically-unfair-dismissal/): National Union of Metal Workers of South Africa vs Aveng Trident Steel and another [2021] 1 BLLR 1 (CC) Introduction Does the refusal by an employee to accept a change to terms and conditions of employment as an alternative to retrenchment constitute a “refusal to accept a demand in respect of any matter of mutual interest between the parties” and render any resultant retrenchment an automatically unfair dismissal? The 2015 amendment to section 187 (1)(c) of the Labour Relations Act 66 of 1995 created a grey area, which the abovementioned Constitutional Court (“CC”) judgment the has now clarified to some […]
- [RESIGNATION WITH IMMEDIATE EFFECT TO ESCAPE DISCIPLINARY ACTION](https://justinedelmonte.co.za/resignation-with-immediate-effect-to-escape-disciplinary-action/): Standard Bank of South Africa Ltd v Nombulelo Cynthia Chiloane [2021] 4 BLLR (LAC) The employee mistakenly processed a fraudulent check resulting in the loss of approximately R30 000.00 for which the employer was held liable. The employer issued the employee with a notice to attend a disciplinary hearing whereafter the employee handed in her resignation with immediate effect. The employer informed the employee that she was liable to work out her notice period of four weeks. The disciplinary hearing was scheduled to take place during the employee’s notice period. The employee failed to attend the hearing as she was […]
- [The Uber SA Case](https://justinedelmonte.co.za/the-uber-sa-case/): Justine Del Monte was interviewed on Power FM and Smile FM regarding the Uber SA case of whether drivers are employees or not, and thus have rights to any more benefits. Please listen below: Power FM https://www.gate5.co.za/read/119512/qv/91351527/17479321/32579/p Smile FM https://www.gate5.co.za/read/119512/qv/91359101/17479464/32579/p If you have any questions related to this case please contact our offices at 021 001 4400 or admin@justinedelmonte.co.za.
- [LOCKDOWN PROS & CONS](https://justinedelmonte.co.za/lockdown-pros-cons/): PROS AND CONS EXPERIENCED BY EMPLOYERS AND EMPLOYEES DURING LOCKDOWN We can say with a great amount of certainty that when President Ramaphosa informed the country of the national lockdown most employers and employees were unprepared for the challenges associated with the lockdown. Notwithstanding the challenges, many companies found their footing a few months down the line. This article takes a look at the pros and cons experienced by us during the lockdown and how it affected not only our business but the operations of our client’s businesses and how they managed during lockdown. Fortunately, our practice has always been […]
- [DOMESTIC WORKERS](https://justinedelmonte.co.za/domestic-workers/): LEGISLATIVE AMENDMENTS GEARED TO PROTECTING DOMESTIC WORKERS Domestic workers (“dw“) and their contributions toward the growth of South Africa and its economy has previously not been recognised. Unfortunately, most dw are faced with poor employment conditions, are not properly remunerated for their work and generally undervalued. There does now however appear to be a shift in the manner in which dw are viewed and should be treated. In a landmark Constitutional Court (“CC”) decision, Sylvia Bongi Mahlangu vs Minister of Labour CCT 306/19, handed down on 19 November 2020, the CC has held that dw who suffer from injuries or […]
- [ATTORNEY VS ADVOCATE](https://justinedelmonte.co.za/attorney-vs-advocate/): HOW TO BECOME AN ATTORNEY OR ADVOCATE AND THEIR DIFFERENCES To become an attorney, one must first complete a Batchelor of Laws (LLB) degree at a recognised university in South Africa. Thereafter one must secure articles of clerkship, a form of an internship, at a practising law firm as a candidate attorney or clerk. Articles are for a period of two years. Alternatively, one could complete practical legal training, with the Law Society of South Africa and thereafter do articles for only one year. Towards the end of articles, one must complete special classes which are geared to providing clerks […]
- [CCMA Advisory Notice](https://justinedelmonte.co.za/ccma-advisory-notice/): The CCMA confirms that while it is still unable to re-open its doors to the public it continues to perform its functions via email, telephone and web-based platforms. Please read their advisory notice below:
- [CLAIM UIF FOR FOREIGN NATIONAL EMPLOYEES](https://justinedelmonte.co.za/claim-uif-for-foreign-national-employees/): NATIONAL LOCK DOWN: EMPLOYERS RESPONSIBILITY TO CLAIM UIF FOR THEIR FOREIGN NATIONAL EMPLOYEES AND RELATED VISA ISSUES The South African government has implemented the National Disaster Benefits Fund (“the Fund”) which is aimed at providing limited financial support to employees affected by the implementation of the lock down. The Fund is administered through the Unemployment Insurance Fund. Employers are encouraged to assist their employees to claim UIF benefits from the Fund or to claim on their behalf.  There appears to be confusion as to whether or not foreign national employees are eligible for UIF relief from the Fund, the impact […]
- [UPDATE AND CLARITY ON THE DIFFERENCE BETWEEN THE NDBF & TERS](https://justinedelmonte.co.za/clarity-on-the-difference-between-the-ndbf-ters/): UPDATE AND CLARITY ON THE DIFFERENCE BETWEEN THE NATIONAL DISASTER BENEFIT FUND AND THE TEMPORARY EMPLOYER/EMPLOYEE RELIEF SCHEME We continue to receive numerous queries relating to the National Disaster Benefit Fund (“NDBF”) and Temporary Employer/Employee Relief Scheme (“TERS”) Government implemented as a result of COVID 19 and the national lock down. There seems to be a lot of confusion in the media as to what the funds are and when an employer/employee would be eligible to claim.  To add to the confusion, amendments to the TERS directive were published during the day yesterday! Below we set out the basics to […]
- [UIF Lockdown Guide](https://justinedelmonte.co.za/uif-lockdown-guide/): SIMPLE GUIDE FOR EMPLOYERS CLAIMING UIF BENEFITS FOR EMPLOYEES AFFECTED BY THE LOCK DOWN   If your business is not deemed an essential service during the lock down and your employees are on temporary layoff or working reduced hours you, as employer, can apply to UIF for payments for those affected employees. UIF has indicated that it will fund two (2) different benefits.  One it has termed a “Temporary Employee Relief Scheme” and the other “National Disaster Benefits”. Please note that neither benefit will replace employee salaries in full i.e. it is not income replacement.  Under both benefits employees will only […]
- [Dealing with isolation, sick leave and absenteeism amid COVID-19](https://justinedelmonte.co.za/dealing-with-isolation-sick-leave-and-absenteeism-amid-covid-19/): Employers and employees seem unsure of their rights and obligations in circumstances where employees continue coming in to the workplace, work from home or self-isolate.  This is of course completely understandable because we are faced with a unique situation and are all finding our way as the pandemic develops while trying to do our parts to #flattenthecurve.  Below are a few points to bear in mind:  Both employers and employees have obligations in relation to maintaining health and safety in the workplace;  If employees can perform their job functions effectively from home and the employer would prefer them to work […]
- [Financial Assistance COVID-19](https://justinedelmonte.co.za/financialassistancecovid19/): Financial assistance offered to employers and employees during the National Shut Down.
- [COVID-19 Duties of employers and employees in the workplace](https://justinedelmonte.co.za/covid-19-duties-of-employers-and-employees-in-the-workplace/): Introduction While the recent confirmation that COVID-19 has finally reached South African shores has caused widespread panic amongst employees and employers alike, it is not the first time that the South African workplace has faced a health scare, nor is it likely to be the last.      Admittedly the virus seems to be more easily transmitted than most that we have previously experienced, but at the time of writing this article, the percentage of fatalities in healthy individuals is still mercifully low.    Our existing employment legislation provides a comprehensive framework within which employers and employees are required to conduct […]

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- [PAIA](https://justinedelmonte.co.za/paia/): [page_header style=”simple” text_color=”dark” v_align=”top” title_size=”xlarge”] [row] [col span__sm=”12″] [gap height=”15px”] Forms provided in accordance with the Promotion of Access to Information Act 2 of 2000 (as amended) (PAIA) A requester must comply with all the procedural requirements contained in PAIA relating to the request for access to a record. Requesters must note the following: Request for access to records public & private bodies [Regulation 7] can be made using Form 02. The outcome of a request and of fees payable [Regulation 8] will be communicated by way of Form 03. Internal appeals to public bodies [Regulation 9] can be submitted […]
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- [Resources](https://justinedelmonte.co.za/resources/): [gap height=”50px”] [ux_text font_size=”1.4″] Resources [/ux_text] [row] [col span__sm=”12″] [gap height=”25px”] [ux_text font_size=”1″] We have compiled the following resources enabling convenient access to key information, forms and documents covering employment and labour law matters. Downloadable copies in PDF format of documents and forms covering legislation, Sectoral Determinations, Codes of Good Practice, general and CCMA forms can be found on this page. Please contact us if you have any comments. [/ux_text] [gap height=”25px”] [accordion] [accordion-item] [/accordion-item] [accordion-item title=”Checklist”] New Employment Checklist For Employers (418KB) A checklist for employers to use as a guideline when conducting interviews and considering the candidates there after. [/accordion-item] [accordion-item title=”Acts”] […]
- [Tips for appointing an attorney](https://justinedelmonte.co.za/resources/tips-appointing-attorney/): [gap height=”50px”] [ux_text font_size=”1.4″] Tips for appointing an attorney [/ux_text] [gap height=”25px”] [row] [col span__sm=”12″ margin=”0px 0px -25px 0px”] [ux_text font_size=”1″] Appointing an attorney can be a daunting task and we hope that the guidelines we have compiled assist you in making that important decision. [/ux_text] [gap height=”25px”] [/col] [/row] [row] [col span=”6″ span__sm=”12″] 1. IS THE ATTORNEY A SPECIALIST IN THE AREA OF LAW IN WHICH YOU ARE SEEKING ADVICE? It is unlikely that you would agree to be treated by a podiatrist for a heart bypass, and in the same way, you should seek specialist advice in matters […]
- [How we work](https://justinedelmonte.co.za/work/): [gap height=”50px”] [row] [col span__sm=”12″] [ux_text font_size=”1.4″] How we work [/ux_text] [gap height=”25px”] [row_inner] [col_inner span=”6″ span__sm=”12″] Our firm has a professional, yet informal and personal approach with clients. We understand that some clients may not be used to dealing with attorneys or consultants and as well as exhibiting a good sense of humour, we aim to inform and educate so as to make the process of seeking legal advice as non-threatening as possible. [/col_inner] [col_inner span=”6″ span__sm=”12″] When a client initially approaches us, we will speak to them briefly about the issue or situation, which enables us to determine […]
- [Services for Employees](https://justinedelmonte.co.za/services/services-employees/): [gap height=”50px”] [row] [col span__sm=”12″] [ux_text font_size=”1.4″] Services for Employees [/ux_text] [gap height=”25px”] [ux_text font_size=”1″] How can we support your efforts to secure fair labour practices? We work with individuals who need specialised employment advice in relation to a particular workplace situation or who require assistance in litigating against their employer. Our services include Dispute Resolution, Advisory Services and Customised Documentation. [/ux_text] [gap height=”20px”] [accordion] [accordion-item title=”Dispute Resolution”] Due to the uncertainty and costs of litigation, we endeavour to offer our clients pragmatic and creative solutions to adversarial litigation when feasible. Our comprehensive range of services relating to dispute resolution […]
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