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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

Can your cell phone get you fired?

31 March 2025

Using a cell phone has become so accepted that employees easily forget or ignore the fact that their use at... work may not be approved or allowed by the employer. However, failing to adhere to employer policies on cell phone use could potentially have serious consequences for an employee.

Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

112

Article

Is your business ready for the new Employment Equity rules?

27 February 2025

This article briefly highlights the changes small business owners should anticipate following the enactment of the Employment Equity Amendment Act... (EEA) updates.

Article

Employee rights in business transfers

03 February 2025

An often-overlooked aspect of a sale of business, is the treatment of staff, with the financial objectives of the sale... taking precedence. In this article, we look at the rights of employees and the importance of these rights being upheld during and post the transfer process to limit the employer’s liability to claims of unfair conduct.

165

Article

See no evil, speak no evil: reporting misconduct

30 October 2024

What are the consequences of an employee turning a blind eye to the misconduct of their fellow employees? The CCMA... recently confirmed that dismissal may be an acceptable consequence for failing to report wrongdoing.

196

Article

Employee grievances: one misstep can cost you!

02 September 2024

Employers can often let an employee grievance slide, particularly when directed by juniors at a valuable or important senior employee... or supervisor. A recent Free State High Court judgment however raised a huge red flag for employers not to let these incidents slide.

250

Article

When medical certificates raise a red flag

24 July 2024

The submission of medical certificates by employees to support their requests for sick leave is a common employment phenomenon. Employers... often grapple with how to handle medical certificates they suspect are irregularly issued by a medical practitioner, particularly when the medical practitioner is notorious for 'selling' such certificates.

316

Article

Stoners may be exempted from zero-tolerance policy

27 June 2024

284

Article

Can your cell phone get you fired?

31 March 2025

Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

112

Article

Employee rights in business transfers

03 February 2025

165

Article

See no evil, speak no evil: reporting misconduct

30 October 2024

196

Article

Employee grievances: one misstep can cost you!

02 September 2024

250

Article

When medical certificates raise a red flag

24 July 2024

316

Article

Stoners may be exempted from zero-tolerance policy

27 June 2024

With the well-known Prince-case finding that it is unconstitutional for the state to criminalise the possession, use or cultivation of... cannabis by adults for personal consumption, the perception has arisen that this freedom extends to the workplace and that it is also discriminatory and unfair to dismiss an employee that tests positive for the use of cannabis as a result of reporting for duty under the influence of drugs. In this article, we look at to what extent the Prince-freedoms have also found their way into the workplace.

284

Article

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 we take a look at the draft regulations and what they mean for employers.

518

Article