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Labour and Employment

We provide labour and employment law services, advice and guidance in respect of employment and labour related matters towards private, institutional and corporate entities.

Team
Insights

Johan Pistorius

Director
Litigation

PROFILE

eMalahleni

Send email

013 653 3500

Johan Pistorius

Director, Litigation

PROFILE

eMalahleni

Send email

013 653 3500

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article

Article

South Africa’s four-day workweek trial: the good and the bad

21 February 2024

From March to August 2023, South Africa conducted the first African four-day workweek experiment involving several pilot companies trialling to... assess the pros and cons of such a move in a South African context. Although it’s far too early to make any conclusive findings, we share a few thoughts about the trial and its implications for South

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Can you use your culture to justify being absent from work?

15 January 2024

Employers are required to respect and honour the rights of their employees. However, in return, employees are required in terms... of their employment relationship to offer their services and not be absent from work without leave. But how do these rights stack up when an employee claims their right to culture as justification for being absent from wor

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Do criminal charges trump a disciplinary hearing?

30 November 2023

Should an employee be criminally charged in respect of conduct that happened at the employee’s workplace, the question can arise... as to whether the employer is now prohibited from proceeding with disciplinary action against the employee given the pending criminal charges.

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Employment of foreign nationals in South Africa to be tightly regulated

04 October 2023

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Can a body corporate reveal the criminal record of an employee to owners?

27 June 2023

Can the body corporate of a section title reveal to owners that an employee has a criminal record for a... serious crime? This is a question we receive more often than would be expected from body corporates. So, what is the answer, can they, or can’t they reveal this information?

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Can you be fired if artificial intelligence can do your job?

29 March 2023

Social media has been flooded with chatter about the chatbot phenomenon ChatGPT which seems destined to be able to, if... not far better do, what humans can! So, what does this mean for employees? Can you be replaced by a bot like ChatGPT? In this article, we take a closer look at what this could mean for employees in the not-so-distant future.

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‘Baked’ at work? What can happen?

28 February 2023

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What to expect from the new draft Employment Equity Act Regulations

27 March 2024

Article

South Africa’s four-day workweek trial: the good and the bad

21 February 2024

Article

Can you use your culture to justify being absent from work?

15 January 2024

Article

Do criminal charges trump a disciplinary hearing?

30 November 2023

141

Article

Employment of foreign nationals in South Africa to be tightly regulated

08 September 2023

Most employers will be forgiven if they claim not to have heard of the Employment Services Act 4 of 2014... (“Act”). This legislation is certainly not as well-known as the Labour Relations Act, the Basic Conditions of Employment Act or even the Employment Equity Act. Yet, with major amendments proposed to the Employment Services Act in particular in respect of the employment of foreign nationals in South Africa, employers that make use of such employment should take note of the proposed amendments.

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Can a body corporate reveal the criminal record of an employee to owners?

27 June 2023

262

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Can you be fired if artificial intelligence can do your job?

29 March 2023

284

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‘Baked’ at work? What can happen?

28 February 2023

Recently a client approached us with a concern arising from the well-known Minister of Justice and Constitutional Development & Others... v Prince & Others case wherein the use, cultivation and possession of marijuana were decriminalised. Our client was concerned that employees were arriving at work under the influence of cannabis, claiming that they are now constitutionally allowed to use cannabis and that as an employer he could do nothing about it. Is this true, and did the Prince case in effect also legalise the use of cannabis at the workplace?

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