retrench employees during business rescue
To retrench employees during business rescue?

Many employers which are facing financial difficulties as a result of the Covid-19 lockdown. While some employers have gone into liquidation, others have gone into business rescue, and have initiated retrenchment processes. This gives rise…

affordable labour lawyer
Is it possible to find an affordable labour lawyer?

Legal fees can often be very high, and both employers and employees are often looking for an affordable labour lawyer for legal advice and legal representation in the CCMA and the Labour Court. However, as…

fixed-term employment contract becomes permanent
A fixed-term employment contract becomes permanent

There is a commonly-held belief among employees and certain HR practitioners that a fixed-term employment contract becomes permanent after a certain number of renewals. This article examines whether or not there is any truth to…

interdict a disciplinary hearing
Can the Labour Court interdict a disciplinary hearing?

Many employees who are facing disciplinary action are tempted to approach the Labour Court to interdict a disciplinary hearing (i.e. prevent it from proceeding). This involves launching an urgent application in the Labour Court for…

employee or independent contractor
An employee or an independent contractor?

Many companies engage workers on independent contractor agreements instead of employment contracts. This can result in disputes regarding whether or not the person can enforce labour law rights (such as claiming for an unfair dismissal…

Poor work performance and dereliction of duty

It is important for employers to distinguish between poor work performance and dereliction of duty when taking action against employees which may result in dismissal. This is because they require different processes, and the use…

employer's liability for discrimination by a customer
Employer’s liability for discrimination by a customer

The Labour Appeal Court recently delivered a judgment in a case about the employer’s liability for discrimination by a customer, in Samka v Shoprite. The case involved a cashier of Shoprite who was subjected to…

disciplinary record as retrenchment selection criteria
Disciplinary records as retrenchment selection criteria

Employers who are embarking on a retrenchment process are often tempted to use records of employees’ performance and adverse disciplinary records as retrenchment selection criteria in identifying employees to be dismissed. They do so in…

double jeopardy
Double Jeopardy: Charging an Employee Twice

There are instances where employees have been exonerated at a disciplinary hearing or issued a “light” sanction such as a written warning, and where the employer wishes to pursue the same allegations again in order…

claim unpaid salary from lockdown
Can an employee claim unpaid salary from lockdown?

Many employees were either not paid any salary or were paid a reduced salary during the lockdown while their employer’s operations were shut down. This has resulted in certain employees seeking advice on whether they…