South African companies and organisations considering using demotion as an alternative to retrenchment need to bear in mind several labour law considerations with regard to its context and correct implementation.

The general requirements for a fair dismissal based on an employer's operational requirements are to be found in section 189 of the LRA. However, section 189A provides for specific procedures and remedies for instances of large-scale retrenchment. The similarities and differences between these two sections therefore need to be considered.

In the third of four articles which look at what happens when parties refuse to participate virtually, Dr Hilda Grobler discusses the findings of the Labour Court where a party failed to attend her disciplinary hearing by linking up. She was Zoomed out of a job.

In the fourth of four articles which look at what happens when parties refuse to participate virtually, Dr Hilda Grobler discusses why there are no valid reasons for hearings not to be held virtually, in order to ensure that courts and other fora remain functional.

In the first of four articles which look at what happens when parties refuse to participate virtually, Dr Hilda Grobler summarises responses from the Supreme Court of Appeal (SCA) and the High Court to litigants who believe they have the right to insist on face-to-face hearings. They do not.

In the second of four articles which look at what happens when parties refuse to participate virtually, Dr Hilda Grobler discusses what happens when parties refuse to participate virtually in retrenchment consultations. It is done with reference to what the Labour Court had to say when FAWU claimed procedural unfairness when the consultation proceeded in its absence.

Ten points of interest concerning the necessity to avoid self help and to follow due process in labour disputes are discussed in the light of the recent Labour Court judgment in Mogaladi and Another v Public Protector. And replace the text in the article of No to self-help: follow due process in labour disputes with it.

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.

Dismissal is appropriate when a Covid-19 health and safety policy is breached by an employee who fails to self-isolate when they have Covid-19 symptoms, or who continues to come to work after having been tested positive for the virus.

What happens when an employee steadfastly refuses to remove a light blue hairpin in contravention of a dress code that requires hairpins to be navy blue or black?

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