South Africa and global insurance, financial institutions, banking and general law know–how
This blog is co-authored by Raees Halim and Jessica Blunden, trainee associates.
The Labour Appeal Court and Labour Court have announced the implementation of the Court Online digital case management platform, effective 14 April 2025, by way of two separate directives. The introduction is a leap forward for these specialised courts, effectively promoting the principle…
This blog was co-authored by: Muhammad Mirza, Trainee Associate
On 20 February 2023, the Labour Court found that historical knowledge and information obtained by an employee during her employment with her former employer, did not constitute trade secrets or a protectable interest. The former employee (employee) was therefore free to work for the applicant’s competitor.…
This blog was co-authored by: Jessica Blunden, Candidate Attorney
Aimed at regulating proceedings in the Commission for Conciliation, Mediation and Arbitration (CCMA), the CCMA Rules serve a vital function. However, in the recent judgment of the Labour Court, the Labour Court declined to uphold the enforcement of the CCMA’s rule regarding objections to the con/arb…
The Minister of Labour has determined that from 1 March 2023, the earnings threshold under the Basic Conditions of Employment Act, 1997 increased from R224 080.48 per annum (approximately R18 673.37 per month) to R241 110.59 per annum (approximately R20 092.55 per month).
The national minimum wage increased from R23.19 per hour to R25.42 for…
This blog was co-authored by: Mduduzi Sibiya, Candidate Attorney
The 2019 amendments to section 69 of the Labour Relations Act, 1995 provide that no picket in support of a protected strike or in opposition to a lockout may take place in the absence of picketing rules. The picketing rules may be agreed to or determined…
An attempt to stop NUMSA from calling a strike because it had not held a secret ballot failed. In the matters between NUMSA and Mahle Behr and NUMSA and Foskor with AMCU as amicus curiae the Labour Appeal Court had to determine whether in the absence of compliance with the transitional provisions of the Labour…
It is the unfairness of a dismissal that is referred to conciliation, and not the reason for the dismissal. In resolving unfair dismissal disputes, the courts will look at substance over form.
The court in Association of Mineworkers and Construction Union v Ngululu Bulk Carriers (Pty) Limited (in liquidation) and Others found that where AMCU…
The declaration of a state of national disaster due to COVID-19 and the resulting nationwide lockdown has left employers and employees in a precarious situation. The lockdown has had a devastating impact on employment throughout the country, with many employees feeling the financial pinch of not having worked throughout the lockdown. What is clear is…
Secondment agreements allow for an employer to assign an employee to another organisation for a specified duration, for purposes of developing good business relationships; enhancing an employee’s particular skill set or for sharing the particular expertise of that employee with the host company.
The employer and host company are required to enter into a secondment…
