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When is Resignation a Constructive Dismissal?

When is Resignation a Constructive Dismissal?

by Wessels + Van Zyl Inc | Feb 26, 2024 | Employment and Labour Law

“…the prospect of continued employment must be shown to have been objectively intolerable and the employee must have resigned due to the intolerable situation and not for another reason.” (Extract from judgment below) Perhaps you are an employer, and that troublesome...
Effective 1 March 2024: New National Minimum Wage

Effective 1 March 2024: New National Minimum Wage

by Wessels + Van Zyl Inc | Feb 26, 2024 | Employment and Labour Law

The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased from 1 March 2024 by 8.5% from R25-42 to R27-58. Domestic Workers: Assuming a work month of 21 days x 8 hours per day, R27-58 per hour equates to R220-64 per day or R4,633-44 per month....
You Can (and Should) Both Discipline and Prosecute Thieving Employees

You Can (and Should) Both Discipline and Prosecute Thieving Employees

by Wessels + Van Zyl Inc | Jan 29, 2024 | Criminal Law / Crime, Employment and Labour Law

“It’s the profile of the most trusted individual, in a position of trust, like an accountant or bookkeeper. They usually never take leave, and someone who never allows anyone access to their system would go to the length of taking their laptops with them...
Moonlighting Without Consent is Misconduct – A Firing Offence

Moonlighting Without Consent is Misconduct – A Firing Offence

by Wessels + Van Zyl Inc | Jan 4, 2024 | Employment and Labour Law

“…moonlighting as a matter of principle is unacceptable…” (extract from judgment) Up to a quarter of all middle-class South Africans are reported to “moonlight”, that is to run a part-time side hustle or side business in addition to their full-time jobs. Some, it...
The New Law on Parental Leave – A Simple Summary for Employers and Employees

The New Law on Parental Leave – A Simple Summary for Employers and Employees

by Wessels + Van Zyl Inc | Nov 27, 2023 | Employment and Labour Law

“The crux of the case is about unequal treatment of persons. (Extract from judgment below) The recent High Court judgment which declared unconstitutional differences between maternity, paternity, parental, adoption and surrogacy leave has received a lot of media...
Did You Know that CV Liars Now Face Jail Time?

Did You Know that CV Liars Now Face Jail Time?

by Wessels + Van Zyl Inc | Nov 27, 2023 | Employment and Labour Law

“Fraud is a cancer that is crippling our country” (Supreme Court of Appeal in 2019) An all-too-common scenario in these times of high unemployment is job applicants who, desperate to be hired, lie about their qualifications on their CVs. Recent high-profile stories of...
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