Labour Guide South Africa

Transfer as a Going Concern or an Automatic Unfair Dismissal

The ongoing concerns of business transfers and automatic unfair dismissals.

One condition of a valid agreement is consensus between parties to the agreement. The Labour Court echoed these sentiments in Mot...

Does Calling Someone a Racist Amount to Racist Conduct

The Labour Appeal Court confirms that context, intention, and surrounding circumstances remain central when assessing alleged racist misconduct in the workplace.

This article examines whether an employer may dismiss an empl...

Clear Boundaries: Supporting Disabilities While Enforcing Discipline

When accommodation of disabilities meets accountability for misconduct.

Section 6 (1) of the Employment Equity Act 55 of 1998 (EEA), as amended, provides that no person may unfairly discriminate, directly or i...

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Working From Home: Can Employers Withhold Pay Over Office Attendance?

In National Union of Public Service and Allied Workers obo Cesiko / South African Human Rights Commission [2024] 8 BALR 869 (CCMA), the Commission for Conciliation, Mediation and Arbitration (“CCMA“) considered whether withholding a...