11 November 2022

The difference between an independent contractor and an employee

An independent contractor can be defined as a juristic person or entity contracted to work for or provide services to another juristic person or entity who is not eligible for employee benefits or social security benefits such...
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22 October 2022

Substantively unfair dismissals: reinstatement is the primary remedy

The Constitutional Court has re-affirmed, in a judgment handed down on 19 October 2021 in the matter between Booi v Amathole District Municipality and Others (CCT 119/20) [2021] ZACC 36, that reinstatement is the primary remedy for...
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16 November 2021

Protected strike action: participation by non-unionised employees

From 05 October 2021 to 22 October 2021, NUMSA embarked on Protected Strike Action in the Metal and Engineering Industry. The duration of this Strike Action led to some confusion about who may lawfully partake...
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8 October 2021

Employee absence based on religious beliefs or cultural convictions

In the South African working environment, one rich with an array of religions and cultures, employers may be faced with absences which do not seem to fall within the ordinary categories of leave, namely, annual...
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14 September 2021

Employment equity amendment bill b14b-2020: implications for employers

The Employment Equity Amendment Bill contains a number of provisions which, if it becomes law, will have serious implications for employers. These include the following:The new Act would empower the Employment and Labour Minister to...
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