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Labour Law in a Nutshell March 2019

  ENQUIRY DELAYS: When does a delay in prosecuting a disciplinary enquiry become unreasonable and unfair? The general rule is that a disciplinary inquiry must be held within a reasonable time from the date on which the alleged misconduct occurred – or from the date from which the employer first became aware of it. The...

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HOT NEWS! Labour Law RSS

Employers using all tricks to circumvent labour laws – CCMA

The Commission for Conciliation Mediation and Arbitration (CCMA) has called on the Department of Labour inspectorate to join forces to clamp down on the growing practice of deliberate circumventing of the labour laws. CCMA Legal Researcher: Office of the Director, Wilbur van Niekerk said there was a growing trend used by employers of using every...

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Articles Labour Law RSS

LABOUR LAW & RELATIONS: What to expect in 2019?

In short – a lot!! Politics The upcoming elections will turbo charge the levels of populist rhetoric and activity in both public and private workplaces.  Competition between the pro-poor and left leaning Saftu versus its former comrades, the ANC aligned and more moderate Cosatu will intensify in the media and public demonstrations. New Labour Political...

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Labour Law

Transnet CEO fights firing – PODCAST with Xolani Gwala – Radio 702

Guests Edward Kieswetter | Group Chief Executive at Alexander Forbes Patrick Deale | Labour Law Expert from Deale Attorneys Click here for full Podcast: http://www.702.co.za/podcasts/180/the-best-of-the-xolani-gwala-show/121893/transnet-ceo-fights-firing...

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Labour Law Legal Update RSS

Amendments to COIDA Published for comment

The Minister of Labour, have published the proposed amendments in the Compensation for Occupational Injuries and Diseases, 2018 for public comment. Interested and affected parties are hereby invited to submit written representations on the proposed amendments in the Compensation for Occupational Injuries and Diseases Amendment Bill, 2018. The aforesaid representations must be marked for the...

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Health & Wellness Labour Law

Employers should review their smoking policies

In line with global trends the South African legislature has drafted the Control of Tobacco Products and Electronic Delivery Systems Bill 2018 (“the Bill”), which is likely to be passed into law in the near future. The Bill prohibits smoking in any prescribed outdoor public place and, more importantly from an employment law perspective, at the workplace,...

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Labour Law Opinions

OHS considerations on cannabis in the workplace

The Cannabis Judgment will have occupational health and safety implications. In view of the fact that the judgment effectively allows employees to lawfully consume cannabis in private, the question that arises is how employers are going to comply with their onerous general duty under the Occupational Health and Safety Act 85 of 1993 (“the OHS...

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Labour Law Opinions

Policy considerations on cannabis in the workplace

The issue of cannabis in the workplace may have employers wondering what to do about employees who want to exercise their newly acquired rights as adults to – “…use or cultivate or possess cannabis in private for his her personal consumption”. Constitutional Court The Con-Court has declared that it’s perfectly legal to “consume” cannabis –...

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Labour Law

Author of Draft HCA regulations loses the plot

The Department of Labour has published draft regulations on 14 September 2018 to replace the current Hazardous Substances Regulations and invited the public to comment within 90 days. [UPDATE] 1 October 2018 at 21:00 – An anonymous reader brought it under our attention that there are currently two Gazettes circulating. The comment form; Annexure A,...

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