Facing retrenchment can be a frightening experience. It’s unchartered territory for most people, who end up feeling vulnerable because they’re unfamiliar with the legal processes and options. So what should you know, and do, when faced with this harrowing situation? Keep a cool head It’s important...

Toyota SA Motors (Pty) Ltd v CCMA & others [2015] ZACC 40 BACKGROUND “Toyota SA Motors (Pty) Ltd (“Toyota”) employed Makoma Makhotla (“Makhotla”) in 2006. Mr. Makhotla failed to report for duty from 28 February to 3 March 2011. When it became evident that Mr. Makhotla would be unable to report for...

Employers do have the right to dismiss poor performers. However, this can only be acceptable if the employer can prove factually that it has, prior to the dismissal, complied with all the substantive and procedural requirements of the law. That is, the onus at the CCMA falls entirely on the...

By Julia Kerr Henkel, MD of Lumminos While many would agree that giving and receiving feedback in the workplace is important and necessary, it can feel really uncomfortable, possibly even leading to avoidance. However, avoidance is not the answer, especially when there are recurring issues...

Defintion Fixed-term contracts are those that are intended to dissolve automatically when an agreed future event occurs, i.e. the happening of an event (e.g. return of someone from maternity leave or participation in a strike); expiry of a time period; or completion of the project or job for which...

A recent court case before the Labour Court revisited whether an employer may end a fixed-term contract (FTC) before its expiry by giving contractual notice. According to experts in Cliffe Dekker Hofmeyr’s (CDH) Employment Law Practice, many employers assume that simple notice is sufficient,...

24006_Circular_FLC_2024.pdf

By Jeandie Leone, Commercial Manager at Workforce Staffing31 March 2021 The past year has been incredibly challenging for employees for a multitude of reasons. Adapting to the Work From Home (WFH) normal, juggling this with home schooling and facing salary cuts and lay-offs were a few of the...

Operational circumstances such as takeovers, reduced work orders and financial constraints often create the need for employers to change the employment conditions of employees. However, labour law severely restricts the employer’s right to make such changes without the employees’ consent....

BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web address: www.labourlawadvice.co.za. This article first appeared in The Star. It is a frequent need for employers to...

BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.. A branch of a foreign company based in South Africa is...

BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.. Go to: www.labourlawadvice.co.za. The Code Of Good...

Untapped opportunity lies ahead for South African recruiters who are quick to recognise that reactive, conventional recruitment practice is a thing of the past. As I write, we are rapidly moving into a dynamic new digital and networked environment. With the fundamental shift towards digital...

21st Century: a true South African success story 11 December 2020: Since its inception and humble beginnings 24 years ago, 21st Century has become one of Africa’s biggest reward and organisational development consultancies in Southern Africa. 21st Century is a success story that has changed the...

Don’t miss the morning seminar on “De-siloing” and synergizing of HRM and ER with Prof. Barney Jordaan in Cape Town on 2 July 2015. Click here. Written by Prof. Barney Jordaan The objectives of the employment relationship According to John Budd, the objectives of the employment relationship are...

Until recently, compliance has largely been the driving force for workplace skills development in South Africa. However increasingly, CEOs and other business decision makers are realising the need for a more sustainable solution:growing a workforce that both meets their compliance needs and the...