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…

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…

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…

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…