Youth Day in South Africa and Its Connection to Labour Law
Observed annually on 16 June, Youth Day is one of South Africa’s most powerful and historically significant public holidays. While it is often associated with remembrance and reflection, it also has important legal and socio-economic implications, even more so when viewed through the lens of labour law and youth employment. For businesses, educators, and legal […]
How Employees Benefit from Legal Oversight in an Employer of Record Relationship
Employees in South Africa have recently benefited from the Employer of Record (EOR) model that has created new employment opportunities. Through an EOR, South African employees can work for international companies while being legally employed by a local provider. This structure allows global companies to access South African talent without establishing a local company. While […]
Why Employer of Record Providers Benefit from Working with a Labour Law Attorney
Employer of Record (EOR) providers make it possible for global companies to hire South African talent without establishing a local entity. But with this opportunity comes significant legal responsibility. Because the EOR is the legal employer on record, it carries substantial liability under South African labour law. This is why many EOR providers partner with […]
Why Companies Using an Employer of Record in SA Still Need a Labour Law Attorney
Expanding into new markets has never been easier thanks to the rise of the Employer of Record (EOR) model. For international businesses looking to hire employees in South Africa, an EOR allows them to employ staff legally without establishing a local entity. But while an EOR simplifies market entry, it does not eliminate legal risk. […]
The issue of mandatory vaccinations in the workplace
The issue of mandatory vaccinations in the workplace is an interesting one. Earlier this month, New Zealand announced a ‘no jab, no job’ policy for most healthcare workers and teachers to prevent the spread of the COVID-19 virus. Doctors, nurses, and other frontline health workers must be double-jabbed by 1 December while any person working […]
What is a constructive dismissal
In this post we explore what a constructive dismissal is within the context of the South African law. Is there such a thing as constructive dismissal? The answer is absolutely, but tread cautiously … such a dismissal is unfortunately very hard to proof. To make matters worse, the burden of proof is reversed. We see […]
Disciplinary hearing procedures
In South Africa disciplinary hearing procedures are guided by most notably the Labour Relations Act (LRA) and the associated Code of Good Practice: Dismissal (Schedule 8). PRE-DISCIPLINARY INVESTIGATIONS IN THE WORKPLACE It is quite scary to notice that some Employers do not investigate grievances or incidents, that could possibly lead to disciplinary steps to be […]
Retrenchments in terms of Sections 189 of the Labour Relations Act
Retrenchments are becoming a “normal” thing in modern South Africa. Often employers find themselves in difficult financial positions. The employer sometimes has no choice but to retrench some of its employees in order for its business to continue. Some employers however try to use retrenchments to get rid of employees, instead of following eg. Disciplinary […]
Remedies for Unfair Labour Practice
In terms of Section 193(4) of the LRA, we see that it is directed that an arbitrator appointed in terms of this Act may determine any unfair labour practice dispute referred to the arbitrator, on terms that the arbitrator deems reasonable, which may include the following: ordering re-instatement; re-employment; or compensation. It is indeed so […]
Disciplinary enquiries and legal representation
Irrespective of the fact that there is no absolute right for an employee to be legally represented during his or her disciplinary enquiry, Welman Attorneys can assist and guide the employee through the different phases of the disciplinary process. PRIOR TO THE COMMENCEMENT OF THE ENQUIRY Assistance in understanding the charge(s); Interpreting the employers disciplinary […]