The employment relationship is one based on trust and where the conduct of either parties amounts to a violation of this virtue, it may result in the other party feeling discouraged to play their part in a way that achieves the goals of the arrangement.
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It is widely accepted that the main objective of law is to ensure that justice prevails. In the administration of justice, there is a notion that requires that justice ought not only to be done, but it must be seen to be done.
Sections 189 and 189A of the Labour Relations Act 66 of 1995 provide for dismissals based on the operational requirements of the employer, or in short, retrenchment. This is why a retrenchment is often described as a dismissal that is due to no fault on the part of the employee.
It can be presumed that an employee who voluntarily resigns from their job would have put in place contingency measures to survive until they secure other employment, what of an employee who is summarily dismissed or retrenched?
The amended Employment Equity Act introduces several noteworthy changes that demand attention. These revisions, which come into effect on 1 September 2023, will reshape the landscape of employment practices in South Africa.
There are several types of compensation that workers can claim from the Compensation Fund for following an accident at work or the discovery of a work-related disease.
In this article, our attorneys in South Africa briefly explain each of them for you.
The concept of fairness is unique in labour and employment law in South Africa, and is a vital requirement in the resolution of unfair dismissal disputes. Unlike other areas of law such as criminal litigation, civil litigation or contractual disputes where lawfulness is the cog that wins the day, the fairness of actions is the pedestal upon which a case hinges upon in labour litigation.
South Africa’s Labour and/or Employment regulation landscape is on an advancement path, if anything about the Labour Laws Amendment Act 10 of 2018 (LLAA) is to go by.
It has taken a lot of regulatory intervention to help contain the effects of the ravaging COVID-19 pandemic, especially in the labour market. This is because at no point in recent times has there been a single phenomenon that has simultaneously crippled economic activity throughout the world. Additionally, what has exacerbated the situation is the virus has affected anyone and everyone; even those who have not been infected have been affected by its negative effects.
The security of employment is of the utmost importance for so many people, as it assures their survival for the foreseeable future. The South African labour law regime was crafted in a way that seeks to protect employment security, since the bargaining power between employers and employees is somewhat skewed due to economic power between these two parties.
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