http://www.bowman.co.za/EmploymentLaw/Index.asp Employment Law RSS Feed from Bowman Gilfillan - A leading Corporate and Commercial South African law firm with professional lawyers en-US Copyright 2013 Bowman Gilfillan Inc. All Rights Reserved. Sat, 25 May 2013 06:00:00 GMT Employment Law http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417509 South Africa's institutional investors have been challenged to conduct their business on a new playing field following publication of the Draft Code for Responsible Investing. Tue, 23 Nov 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417509 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417502 Confusion surrounding pension interest awarded to a party in terms of a divorce order prior to 1 November 2008 has been largely eliminated, thanks to two recent Pension Funds Adjudicator decisions*. Source of the confusion has been determining the amount to which the party becomes entitled on submission of a copy of the divorce order to the relevant fund. Tue, 12 Oct 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417502 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417501 With the current trend of retrenchments showing no sign of abating, the issue of voluntary retrenchments (VR) is being increasingly aired. Employers and employees alike should familiarise themselves with the relevant legal principles to avoid disputes. Tue, 12 Oct 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417501 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417459 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. Fri, 09 Apr 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417459 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417458 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. Fri, 09 Apr 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417458 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417455 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. Fri, 09 Apr 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417455 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417448 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. Mon, 15 Feb 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417448 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417447 Employers in the tourism, hospitality and related sectors are well advised to seriously ponder several critical World Cup-related issues. Mon, 15 Feb 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417447 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417445 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. Mon, 15 Feb 2010 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417445 http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417433 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). Fri, 14 Aug 2009 08:00:00 GMT http://www.bowman.co.za/LawArticles/Law-Article.asp?id=2132417433