Labour Law

Home/Labour Law

Labour law, work law, employment law, labour relations, industrial relations or the workplace.

Enabling business in a post coronavirus world

Michalsons is a member of the Lexing Network, an international network of lawyers dedicated to digital and technology law. The Lexing Network produces Lexing Insights, a collection of views from digital and tech law attorneys from around the globe. We share [...]

By |2022-10-18T14:24:02+02:00July 30th, 2021|Categories: Labour Law|Tags: , |

Guidelines for employers to implement a compulsory vaccine policy

Like most countries, South Africa continues to suffer under the pandemic. With a delayed vaccine rollout programme, employers are not yet ready to receive employees in the workplace. The Department of Labour published a guideline for employers who want to [...]

By |2022-10-18T14:23:14+02:00June 28th, 2021|Categories: Labour Law|Tags: , , |

Policy is not part of the employment contract

Policy does not form part of the employment contract and therefore does not have any contractual or binding effect. But if they are expressly incorporated into the employment contract, they do form part of the contract and are binding. For [...]

By |2022-11-15T16:33:34+02:00March 13th, 2020|Categories: Contracts, Governance, Labour Law|Tags: , , |

Employment Equity Act Amendments: Employers to be punished not encouraged

The proposed amendments to the Employment Equity Act [EEA] will have the effect of punishing and fining employers who fail to prove on a balance of probabilities that they have complied with certain undefined fairness provisions of the EEA.   The [...]

By |2019-08-21T11:04:17+02:00January 24th, 2011|Categories: Labour Law|

Will labour broking be banned?

In a labour broking scenario, a temporary employment service (labour broker) employs people who then provide services to a client (person for whom the work is being done).  For example, ICT Labour Broker employs Joe Soap (a computer programmer), who [...]

By |2019-08-02T09:44:35+02:00August 18th, 2009|Categories: Labour Law|Tags: , , |

Automatically unfair termination

Know, understand and apply the principles for determining the “dismissals”  regarded as automatically unfair, in the sense that employers are not able to defend any such “dismissals”. Persons who prove: an employment relationship, a “dismissal” and automatic unfairness are entitled [...]

By |2019-08-02T10:47:31+02:00February 20th, 2009|Categories: Labour Law|Tags: , , , |

Rights of employees whose jobs have been outsourced

What are the rights of employees who previously carried out services that have been outsourced?  Is there any right to consultation or compensation, do the rules apply to all employees within the jurisdiction? Where services are outsourced, employees' services are [...]

By |2022-11-15T15:54:27+02:00October 14th, 2008|Categories: Labour Law|Tags: , |