Case Law

CASE LAW - THE PROFESSIONAL IMPACT OF GRIEVANCE PROCEDURES AND DISCIPLINARY ACTION ON THE WORKPLACE

In the workplace, a grievance refers to a formal complaint raised by an employee regarding a problem or issue they have encountered. This...

CASE LAW - EXEMPTING A "NON-PARTY" EMPLOYER FROM A BARGAINING COUNCIL'S COLLECTIVE AGREEMENT

Section 32 of the Labour Relations Act 66 of 1995 (‘LRA’) makes provision for the Minister of Employment and Labour (‘Minister’), in...

CASE LAW - UNDERSTANDING INCITEMENT IN LABOUR LAW

In this article, we will look at judgments relating to incitement. Definition of Incitement Incitement in labour law refers to an...

CASE LAW - EXPLORING THE CONCEPT OF MOONLIGHTING IN THE PROFESSIONAL SPHERE

Moonlighting, a term denoting an employee's engagement in secondary employment while maintaining a primary job, poses multifaceted...

CASE LAW - PROCEDURAL FAIRNESS

Procedural fairness refers to the process an employer must follow when considering disciplinary action or dismissal. Key elements...

CASE LAW - ROMANTIC RELATIONSHIPS IN THE WORKPLACE

Managing Romantic Relationships in the Workplace: Strategies for Regulation and Conflict Resolution. Employees spend most of their waking...

CASE LAW - BINDING POWERS OF TRADE UNIONS

Section 200(1) of the Labour Relations Act (LRA) outlines the authority of registered trade unions to represent their members in...

CASE LAW - DISCLOSURE OF INFORMATION IN INTERVIEWS

The need for employers to be able to trust their employees is crucial. For example, employers need to know that their employees and...

CASE LAW - TEAM LIABILITY

Dismissal of an Entire Store’s Staff In a recent case before the Commission for Conciliation, Mediation and Arbitration (CCMA), the...

CASE LAW ON INSPECTIONS IN SOUTH AFRICAN LABOUR LAWS

Ref: Shabih v S (CA&R14/14) [2015] ZAECBHC 13 (21 April 2015) Case Law on Inspections in South African Labour Law: In a recent case heard...