There are no cut and dried rules that specifically prohibits employers from re-employing dismissed or terminated employees in our law. A process of re-employing terminated or dismissed employees was not meant to be conducted haphazardly or carelessly without a measure of caution as it can have unintended repercussions. This article aims to redress the issues emanating from the re-employment of terminated or dismissed employees. What is re-employment? Re-employment is an act of being...

The COVID-19 pandemic has brought uncertainty in most instances, like when to appoint someone as a part-time employee or full-time employee. As the economy is hankering toward the “normal”, meaning pre-COVID-19, employers may be sceptical about appointing full-time employees for fear of another hard lockdown on businesses and not being able to pay salaries to employees. Such fear may push employers to lean towards appointing people on a limited duration contract, making them part-time...

The Labour Relations Act 66 of 1995, as amended (the Act), entitles employees to embark on a protected strike action despite not having a certificate issued by the CCMA / Bargaining Council, which would ordinarily render the strike protected. The Act recognises five instances in which an employee will not have to comply with the requirements of section 64(1) of the Act. This article will focus on circumstances where an employer has unilaterally changed its employee’s conditions of employment....