Cliffe Dekker Hofmeyr
Large scale retrenchments: different routes for different challenges
20th July 2016 Section 189A of the Labour Relations Act, No 66 of 1995 (LRA) enumerates the rules applicable in large scale retrenchments. Employees who are... →
A cautionary tale for all financial service providers
7th July 2016 A warning has been sounded to all financial service providers (FSPs) to behave responsibly when taking steps to remove a representative from the... →
Collective insubordination can constitute a strike
4th July 2016 The issue of unconventional strikes and ultimata were recently considered by the Labour Appeal Court in the case of Jackson Mndebele and Others v... →
AB InBev merger conditions
1st July 2016 Although it is somewhat unusual for the Tribunal to adjust agreed conditions, the Tribunal is required to exercise its inquisitorial powers to... →
When political demands and strikers’ demands collide
29th June 2016 Where a political party intervenes in a strike, any concerns which the employer has must be raised with the political party and not with the trade... →
The nature of disputes and the impact on strikes
28th June 2016 In Mawethu Civils (Pty) Ltd v National Union of Mineworkers and Others (Case no: PA2/14), the court clarified that the nature of a dispute as... →
Employer / employee consultation: no longer the exclusive domain of labour law as competition law creeps in
28th June 2016 The recently gazetted merger public interest assessment guidelines (Guidelines) caution that the Competition Commission (Commission) will consider,... →
The Constitutional Court clarifies the policy-making authority of school governing bodies
27th June 2016 Education in South Africa is everyone’s concern. Each year the state, companies, non-governmental organisations, families and individuals spend... →