When employers want to terminate a fixed-term contract before the expiry date it would make sense for them to assume that they could do this provided they pay the employee. However, a recent Labour Court case has highlighted the fact that premature termination of employment may amount to an unfair dismissal. This means that employers… [Continue Reading]
Generally, an employee may not be dismissed for refusing to sign a contract of employment. The reasons are, firstly, that it is not a legal requirement for employees to sign a contract of employment and, secondly, the absence of a contract does not nullify the verbal agreement of employment. But, are there circumstances where the… [Continue Reading]
The employee’s duty to demonstrate good faith is one of the cornerstones of the employment relationship. This implies that the employee may not do anything that is dishonest or that clashes with the interests of the employer. But, what if a fellow employee does something that causes the employer harm – is there an obligation… [Continue Reading]
Owing to advances in medical science and the changing nature of working conditions, there is an increasing tendency for people to work until later in life. It sometimes makes sense for companies to allow certain employees to continue working after the agreed or normal retirement age. The question is: How does one go about terminating… [Continue Reading]
RECENT developments in case law resulted in disputes about “benefits”, which would previously have been referred to the Labour Court, now being referred to the Commission for Conciliation, Mediation and Arbitration (CCMA). Previously, employers could avoid liability for unfair labour practice claims relating to “benefits” since it was argued that the CCMA lacks jurisdiction where… [Continue Reading]
