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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
The start of 2020 has seen the implementation of the new Labour Laws Amendment Act. And, one of the biggest changes has been in the creation of parental leave allowances. When it comes to parental leave, these new regulations came into effect on 1 January 2020, including parental leave in cases of adoption and surrogacy, as well as paternal leave in all circumstances.
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..
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.