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Section 60(2) of the Employment Equity Act 55, 1998 (“the EEA”) requires that if a sexual harassment incident is alleged at work, the employer must consult all relevant parties and must take the [...]

It is trite that the principle that the costs follow the suit does not apply in labour litigation, save for exceptional circumstances. This was emphasised by the Constitutional Court (“CC”) in [...]

While employers in South Africa are entitled to implement a mandatory vaccination policy for certain categories of employees, they will need to tread carefully when implementing these rules. This [...]

Employees have a duty to comply with the lawful and reasonable instructions of their employer.  But would the failure to comply with an instruction to testify in an arbitration before the [...]

Is a court or arbitrator entitled or obliged, in terms of section 193(2)(b) of the Labour Relations Act 66 of 1995, as amended (LRA), to consider whether a continued employment relationship would [...]

Employers who wish to implement a mandatory vaccination policy must allow for employees to raise objections or apply for exemption from the policy on the basis of, amongst others, religious [...]

Employers who wish to implement a mandatory vaccination policy must permit employees to raise objections or apply for exemption from the policy on the basis of, amongst others, medical grounds. [...]

The rules governing the conduct of proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) and the various bargaining councils are binding on litigants before that [...]

There is a common assumption among employees (and many employers) that restraint of trade covenants are invalid and unenforceable especially in light of the right for South Africa citizens to [...]

Yes, but only if the manager can be regarded as a “senior managerial employee”, or if the manager earns over the relevant threshold determined by the Minister of Labour from time to [...]