Paternity leave for men

From January 2019, working South African men are entitled to 10 days of paternity leave after the birth of their child. The Labour Amendment Act also includes provisions for 10 weeks of parental adoption leave if the baby is under the age of two years (this applies to only one of the parents) and surrogacy […]

Ethics – a rare commodity

“A man without ethics is a wild beast loosed upon this world” – Albert Camus Based on the recent events in South Africa, ethics should be a buzzword you are quite familiar with. South Africa, specifically the audit industry, has been rocked by two major scandals in the recent past, which was both caused by […]

The role of a recognition agreement at the workplace

I have been approached by a trade union to enter into a Recognition Agreement with them. The trade union is of the opinion that it is entitled to be recognised at my business given that they represent a certain number of employees. Do I have to enter into discussions with the trade union? A trade […]

Can I bring my attorney with to an internal disciplinary hearing?

According to item 4 of the Code of Good Practice (“the code”), the definition of dismissal contained in Schedule 8 of the Labour Relations Act (“LRA”) states that, when an employee is charged with misconduct, “[t]he employee should be allowed… the assistance of a trade union representative or fellow employee”. However, what happens in the […]

Am I still protected without an employment contract?

This article looks at the continued relevancy of the employment contract in legal practice today. In 2014, the legislator amended section 186(1)(a) of the Labour Relations Act, 66 of 1995 (LRA), which deals with unfair dismissals, by removing the words “contract of” within the definition, leaving only the word “employment”. This gives the idea that […]