New Labour Court and Labour Appeal Court rules come into operation on 17 July 2024.  The new rules will replace the existing rules as well as the Practice Manual of the Labour Court. 

The changes include amongst them the following provisions aimed at streamlining the court process:  

Review applications

Founding affidavits in review applications

In modern employment contracts, restraint of trade clauses are commonly inserted to protect the employer’s proprietary interests. The purpose thereof is to prohibit an employee for a specified period and prescribed geographical area from taking up employment with a direct competitor.

Employers need to be wary of employees who breach restraint of trade clauses and

On 1 February 2024, the Minister of Employment and Labour increased the national minimum wage by 8,5% from R25,42 to R27,58 for each ordinary hour worked from 1 March 2024.

The increase will apply to most workers, including farm workers and domestic workers whose minimum wage has been aligned with the national minimum wage rates

This blog was co-authored by Hlonela Mayosi and Heidi Davis, associate designates

A recent decision in the Constitutional Court has provided legal certainty on the application of section 193(2)(b) of the Labour Relations Act, 1995 (the LRA), which relates to reinstatement of employees as the primary remedy when a court or tribunal declares a dismissal

Global efforts have successfully developed both expedited means of testing for the COVID-19 virus and, more recently, vaccines.

Employers may thus wish to explore the introduction of workplace policies which formalise mandatory testing and vaccination protocols in order to restore their workplaces to some level of normality, particularly workplaces where remote working is not suitable.

Construction sites and other workplaces need to comply with regulations and manage health and safety risks, while attempting to increase production, as we move into less restrictive lockdown levels.

The announcement of South Africa’s move to lockdown Level 2 with effect from 18 August 2020 is being celebrated by almost all economic sectors. Despite this,

The COVID-19 pandemic has brought to the fore the rights of an employer to insist on the wearing of personal protective equipment (PPE) despite religious objections. For COVID-19 protection, such equipment may include masks, gloves, goggles, face shields, and other forms of protective gear. Ordinarily, the failure to adhere to an employers’ reasonable PPE requirements

The Labour Court’s looming deadline of 18 May 2020, compels government to issue detailed guidelines on health and safety and requires that all employers prepare and implement a Code of Practice to mitigate the effect of COVID-19 on mine employees returning to work.

Under Alert level 4, various mining operations are allowed to operate at