In recent years, the evolving legal landscape surrounding cannabis use in South Africa has presented unique challenges for employers, particularly in balancing employee rights with workplace safety and compliance. The case of Marasi v Petroleum Oil and Gas Corporation...
The Labour Court’s decision in Vuyiseka Mzukwa v Commission for Conciliation Mediation and Arbitration and Others brings to light the critical need to assess the true nature of employment relationships. Even if a service provider claims to be independent, factors such...
The case of Department of Higher Education and Training v Commissioner Smiza and Others highlights the delicate balance employers must maintain when exercising discretion in their recruitment and promotion processes. This case, centred on an appeal concerning unfair...
The dismissal of employees for operational reasons, commonly known as retrenchment, is covered by s189 of the Labour Relations Act. Section 189(2)(a) “requires the employer and other consulting parties to engage in a meaningful joint consensus-seeking process and...
In South Africa, the moment you hire a domestic worker, even if it’s just once a week, you become a domestic employer with significant legal responsibilities. Many people are unaware of this fact, and some mistakenly believe that employing foreign workers...
Article by Jan Truter. A ‘zero-tolerance’ approach towards employees who are under the influence of alcohol and other intoxicating substances is a fairly common phenomenon in the workplace. However, some workplace policies go so far as to prohibit the mere presence of...
