Tag: Judgement
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Cannabis and the Employment Context – Update
Following an earlier opinion I provided on the Impact on the Constitutional Court’s Judgement legalising the use of Cannabis in the Workplace, there has now been sufficient time for the courts to determine the effect of that Judgement in the Workplace. Read my earlier opinion here The Labour Court pronounced on the issue in the…
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Precautionary Suspension – Procedural Requirements
In the recent Constitutional Court Judgement between Allan Long and SAB (CCT 61/18), the highest court in the land held that where an employee is suspended as a precautionary measure in order to prevent interference with a pending investigation, there is no requirement that the employee be given an opportunity to make representations to the…
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Caselaw Update – December 2018
IMATU obo Joubert v Modimolle Local Municipality [2018] 11 BLLR 1106 (LAC) Unfair Labour Practice Award cannot restore an employment relationship which has subsequently terminated, ie that the employee was dismissed and/or terminated following the commission of the Unfair Labour Practice, the CCMA cannot re-instate the employee to the employer. South African Municipal Workers Union…
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Dagga Legalized? Marijuana and the Employment Context
On the 18th of September 2018 the Constitutional Court handed down a judgement which is being widely reported to have legalized marijuana for private use within the Republic of South Africa. What does this mean for your business? Before we get to the direct impact on you, the employer, let us first consider the background…