Jan Truter

A new Labour Appeal Court judgment highlights important considerations for employers when mutual separation agreements arise during retrenchment discussions.

Alcohol-related misconduct in the workplace can have serious consequences and should therefore be dealt with decisively. Yet, in their eagerness to address a situation, employers often repeat the same mistakes.

The Constitutional Court’s ruling on parental leave changes South African employment law. Employers must review their policies to avoid discrimination and ensure compliance with the BCEA amendments.

Remote and hybrid work arrangements have become a normal feature of modern employment, often benefitting both employers and employees. But what happens when an employer decides to end such an arrangement and instructs the employee to return to the office?

What should an employer do when an employee submits an irregular sick note and pleads ignorance when confronted?

One of the most frustrating challenges for employers is managing situations where employees are absent without communication.

May employers exclude candidates for employment based on the fact that they have a criminal record, or may an employee be dismissed if the employer discovers that an employee has a criminal record?

If an employer contemplates dismissing employees based on operational requirements (retrenchment), the Labour Relations Act (LRA) requires the employer to follow certain procedures. However, may an employer approach employees informally and strike a deal by signing a mutual separation agreement, thereby avoiding the legal technicalities of the LRA?

The challenge of dealing with irregular or ‘fake’ sick notes continues. Taking disciplinary action against employees may backfire, as happened in the case of Woolworths vs Maseko and others (2024) LAC.

The Labour Appeal Court recently overturned the decision of the Labour Court in a cannabis-related case, with very costly consequences for the employer.