employment law

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HOW TO (BETTER) MANAGE THE EXPECTATIONS CREATED BY THE CONTINUOUS RENEWAL OF FIXED TERM EMPLOYMENT CONTRACTS
Friday, April 09, 2010
A fixed term contract should be used when the employee’s employment is for a “defined period of time” or for a specific task only. Once that task is completed and/or the time period ends, the contract is automatically terminated and the employer need not give any notice of termination.

EMPLOYERS CAN’T TAKE AWAY EMPLOYEE BENEFITS WILLY-NILLY - BY LUSANDA RAPHULU AND EVA MUDELY
Friday, April 09, 2010
Employers cannot unilaterally reduce or withdraw employee benefits, as this would constitute a unilateral change to employees’ terms and conditions of employment such an injunction is highly relevant in an economy so tough that many employers, for whom employees are the biggest overhead, are looking for ways to cut their costs.

AN EMPLOYER SHOULD ACCOMMODATE AN INCAPACITATED EMPLOYEE – WITHIN REASONABLE LIMITS - BY EVA MUDELY AND LUSANDA RAPHULU
Friday, April 09, 2010
Incapacity on the grounds of ill health or injury might be temporary or permanent. Problems arise when the employee is absent for an unreasonable long period of time. When that happens, the employer should investigate all the possible alternatives short of dismissal.

IMPLICATIONS AND RAMIFICATIONS OF ZIMBABWE/SA AGREEMENT ON INVESTMENT PROTECTION - BY JOHN BRAND AND MIEKE KRYNAUW
Monday, February 15, 2010
On 27 November 2009 the governments of South Africa and Zimbabwe signed a Bilateral Agreement for the Promotion and Reciprocal Protection of Investments (BIPPA) in Harare. In terms of the agreement’s preamble, the two countries entered into the agreement because they desire to create favourable conditions for greater investment by South African investors in Zimbabwe, and Zimbabwean investors in South Africa.

WORLD CUP FEVER … EMPLOYERS CAUGHT OFF SIDE - BY EVA MUDELY
Monday, February 15, 2010
Employers in the tourism, hospitality and related sectors are well advised to seriously ponder several critical World Cup-related issues.

DOING BUSINESS IN THE MUSLIM WORLD
Monday, February 15, 2010
The Muslim World stretches through the countries of North West and North Africa(the Maghreb), North East Africa, Turkey, and across the Arabian Peninsula (the GCC Countries and Yemen) into Iraq and Iran and the substantial Muslim populations of the Indian subcontinent, Malaysia and Indonesia. The considerations affecting Western, and particularly US companies, doing business across this broad swathe of the world vary considerably from region to region. Although there are some common threads, there are major variations ranging from the more conservative Kingdom of Saudi Arabia to the much more liberal UAE. It is pertinent for employers and employees alike to recognize there are vast differences between countries and even cities when considering opportunities in the Middle East.

PRACTICAL GUIDELINES TO EMPLOYERS WHEN PRESENTING THEFT CASES BEFORE THE CCMA - BY NADIRA DEONARAIN AND YOGESH SINGH
Friday, August 14, 2009
The employer’s approach to dealing with theft in the workplace has been muddied by two recent conflicting judgments. The judgements in question, both emanating from the Labour Appeal Court (LAC), are Shoprite Checkers (Pty) Ltd v CCMA & others [2008] 12 BLLR 1211 (LAC) (the Zondo judgment) and [2008] 9 BLLR 838 (LAC) (the Davis judgment).

HOW MUCH DOES IT COST AN EMPLOYER TO RETRENCH AN EMPLOYEE? - BY LUSANDA RAPHULU & EVA MUDELY
Friday, August 14, 2009
In this economic climate, many employers may be contemplating retrenchments, and the cost of retrenchment is an important question that employers have to take into account.

FINGERPRINT BIOMETRICS - AN EMPLOYMENT LAW PERSPECTIVE - BY EVA MUDELY AND LUSANDA RAPHULU
Thursday, August 13, 2009
With the advantage of technology, employers have the option of installing fingerprint scanners to monitor and track their employees’ activities in the workplace, and to monitor door entry and computer access.

WHEN MASS RETRENCHMENTS ARE FAIR – AND WHEN THEY ARE NOT - BY BOB VON WITT
Tuesday, August 11, 2009
Any such application must be made not later than 30 days after the employer has given notice to terminate the employees’ services or, if notice is not given, within 30 days of the date on which the employees are actually dismissed.

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