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Labour Law Articles

  • What is a Polygraph Test?

    Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA)


    It is a test used to verify a person’s truthfulness and is often called a ‘Lie Detector Test.’

    IS ...

  • Drinking and working policy

    Can or should you allow a forklift driver to drive a forklift at work if you know that he has been drinking at work, but a test reveals that his ...

  • E-mail usage policy within a company

    Every employee has a responsibility to maintain your company’s image and to use emails in a productive manner and to avoid placing your company at risk.

    To do so, you really ...

  • Termination of a service agreement and s 197 of the LRA

    In Enviroserv Waste Management v Interwaste (Pty) t/a Interwaste Environmental Solutions and Others (P408/15) ZALCPE 6, the court had to decide if the expiry of a limited duration contract ...

  • Same-Sex Couples And Paternity Leave

    The maternity leave options contemplated in terms of the Basic Conditions of Employment Act, 1997 (“the BCEA”) provide that:

    • A mother has the right to four months of unpaid maternity leave ...
    • Enforcement of CCMA default awards New case law

      CCMA certification of an award found to be ultra vires.

      The Labour Court recently considered the effect of the amendments to the LRA and in particular the application of s143 and ...

    • So, I have two bosses?

      A worker, placed at a client by a labour broker, has two employers, once he has worked for the client for more than three months.

      In a recent Labour court decision, ...

    • Is it fair to dismiss an employee based on a zero tolerance policy?
      The Labour Appeal Court had to consider this in Shoprite Checkers (Pty) Ltd v Tokiso Dispute Settlement and Others (JA 49/14) ZALAC 23.

      Shoprite Checkers had a policy that all ...

    • When can a CCMA award be set aside?

      In terms of section 145 of the LRA, a party may apply to the Labour Court on the basis of an alleged defect with a commissioner’s rulings or awards. The ...

    • The enforceability of CCTV video footage in the workplace

      Can an employee rely on Close Circuit TV (CCTV) evidence in a dismissal hearing?

      The crisp issue is this: is it a requirement for employers to make employees aware that they ...

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