Labour Law Newsflash: 3/18

Welcome to the third edition of the Labour Law Newsflash for 2018. Our highly anticipated Third Annual Employment Law Conference took place at the beginning of the month. The feedback we received from delegates was extremely positive and there were many valuable...

Strike violence: A solution

  Since the travesty that befell the country in 2012 with the Marikana incident, South Africa has been described as an extremely strike-prone country with many attendant losses. For example, insurer Sasria recorded claims of nearly R900 million most of which were...

What is An Unfair Labour Practice?

Basson, Cristianson, Dekker, Garbers, Le Roux and Strydom (2009) – in Essential Labour Law: Fifth Edition 2009 – state that an unfair labour practice is defined in section 186(2) of the Labour Relations Act (LRA) as: “any unfair act or omission that arises between an...

Substantive Fairness and Temporary Employment Services

For a dismissal to be valid, it needs to be both procedurally and substantively fair. (To read more about what “substantive fairness” is read our article entitled What Is Considered To Be ‘Fair’ in a Disciplinary Hearing?) Temporary Employment Services (TES) have been...

What is Section 189 of the Labour Relations Act?

This morning, it was reported in the media that ProductivitySA has called for Section 189 of the Labour Relations Act (LRA) to be amended. This section – which sets out the guidelines for retrenchment procedures – currently limits the parties who must be...