The removal of directors should be carefully considered (especially) when a Director contracts with the Company for a specified period. A premature termination (unless he/she has committed a serious breach of the agreement) may entitle the aggrieved Director to damages. It is therefore critical that Companies construct their own internal procedures to deal with issues of this nature.

With the rate of mental illnesses climbing due to the lockdown and the general COVID-19 situation, it is vital that employers find a way to balance the needs of business and the needs of its employees to ensure that productivity is maintained and mental health is supported.

Baloyi v Public Protector and Others 2021 (2) BCLR 101 (CC) Whether, in terms of the Labour Relations Act 66 of 1995 (the LRA), the High Court and LC enjoyed concurrent jurisdiction over an alleged unlawful termination of a fixed-term contract of employment.

Reinstatement isn’t always a given remedy in dismissal for misconduct cases. Section 193(2) of the Labour Relations Act compels arbitrators to consider facts even though no evidence has been led or presented: a fresh perspective from the Labour Appeal Court in a recent case

Often Independent Contractors are completely unaware that they are not Employees as defined in South African labour legislation. This article gives some welcome clarity on the differences between an Employee and an Independent Contractor and the recourse and protection each has, or does not have, respectively..

A discussion of a recent Labour Appeal Court judgment which finally explains exactly what an order of “reinstatement with retrospective effect” actually means, and what applicants need to do in the event that a respondent refuses to comply with such an order.

There has never nor is there presently any labour or employment legislation which regulates or controls the use of the test or to protect the Employee's right against the abuse of the test by an Employer seeking to dismiss or punish an Employee. Polygraphs can only be used when consent is freely given or permitted in the employment contract.

The Covid-19 pandemic has seen a number of industries and organisations adopt virtual working over this period, but organisations will also need to take steps to safeguard employees’ mental health, say Phetheni Nkuna and Faatimah Essack of Lawtons Africa.

As Covid-19 sees organisations adapting and moving towards virtual or remote working, Phetheni Nkuna and Faatimah Essack of Lawtons Africaexplore the ways in which the legal system has embraced this “new normal”.

The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s DirectiveAmendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation.

An executive summary checklist applicable to workplaces which are permitted to operate during Alert Level 4 in terms of the Disaster Management Regulations issued on 29 April 2020

Retrenchments: The when and how of retrenchment consultations in light of COVID-19 - let everyone know, before you decide to let anyone go

The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s DirectiveAmendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation.

The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s DirectiveAmendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation.

Retrenchments during lockdown - Any dismissal, for operational requirements or otherwise, must be in accordance with the Labour Relations Act 66 of 1995, even during the lockdown period.

There are a number of alternatives to retrenchments, which are suitable to both employees and employers. However, employers are cautioned to ensure that they are procedurally and substantively fair and are proposed as such, under a consensus seeking process, in terms of the Labour Relations Act.

While there is a lot of uncertainty during this lockdown period, one factor remains consistent – business cannot come to a complete stop. Therefore, it is imperative that procedures – including that of recruitment – evolve to adapt to the new global reality.

COVID-19: Its impact on employment contracts in Zimbabwe – an analysis into Zimbabwean Labour Law and the relevant legal principles which could serve as a guide for employers and employees in reaching an equitable compromise in dealing with the pandemic

For a period of three months, unless it is withdrawn earlier, the Department of Employment and Labour has issued a Directive establishing a temporary employer/employee relief scheme.

It’s no secret that technology is evolving at a rapid rate – it informs how we live, work and interact with the world, at home and in the office. And the next stage of this evolution – known as the Fourth Industrial Revolution (4IR) – is set to bring even more dramatic shifts to our society, at home and at work.