Employment and Labour Law

Equal Pay for Equal Work – Can You Differentiate Without Unfairly Discriminating?

“Prohibition of unfair discrimination: No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or […]

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Losing Your Licence with AARTO Demerits: More Danger than You Thought, and The Wheels are Turning

“The one thing that unites all human beings, regardless of age, gender, religion, economic status, or ethnic background, is that, deep down inside, we all believe that we are above-average drivers” (humourist Dave Barry)  AARTO (the Administrative Adjudication of Road Traffic Offences Act) has been partially in force for years, but its demerit provisions have been

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Paternity Leave and Minimum Wages – How Will The New Laws Affect You?

Employers and employees need to know about four new Acts which will usher in  important changes to our labour laws. The summary below is a short one of only those changes likely to affect a significant number of people and businesses, so take advice on your specific circumstances.  In a nutshell – Parental leave extended

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Reporting Crime and the Defamation Danger: Lessons from the Workplace

Believing someone to be guilty of a crime you call the police and have the suspect arrested, only to have the charges dropped. Can you be sued for defamation? A recent High Court case provides some answers.   A fraudulent iPad order, an arrest and a R1.6m claim A government employee was, at the instigation

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confident employer firing the employee from the company

“You’re Fired for Misconduct” v “No, I Resign” – Who Wins?

You want to charge one of your employees with serious misconduct so you institute disciplinary proceedings. To avoid a possible dismissal the employee resigns “with immediate effect”. Can you go ahead with disciplining the employee? Until recently the answer was no, the Labour Court having decided in such a matter that immediate resignation brings an

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