Labour Law

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Lexis® Practical Guidance Guidance Labour Law is an invaluable, online reference guide for legal advisors, HR professionals, managers and employers of any business who wish to adhere to best practices and comply with legal standards. Covering topics from the recruitment process and start of an employment relationship to the disciplining and dismissal of employees, the health and safety in the work place and even managing a strike situation, this practice area provides all the need-to-know information, guidance and resources to deal with labour related matters in South Africa.

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Expert Contributors
INGRID BARBARA LEWIN

BA (Wits), LLB (Natal)
Ingrid is an admitted attorney, has acted as a judge in the Labour Court and was the first Senior Convening Commissioner for the Gauteng Province.
Ingrid is a senior part-time commissioner on the Director’s specialist panel of the CCMA, and conducts conciliations and arbitrations for various private and public sector bargaining councils. She is a senior panellist with Tokiso, a private dispute resolution agency, for whom she conducts mediations, arbitrations, facilitations and relationship building initiatives. She has trained CCMA and bargaining council commissioners and officials, managers, employees, shop stewards and trade union officials on all aspects of labour law and labour dispute resolution.
She was the first chairperson of the SA Sports Commission Dispute Resolution Centre and has been elected to the positions of President and Vice President of the South African Society of Labour Law (SASLAW) (Gauteng Province and National Committee respectively) by her peers in recognition of her achievements in the field of labour law and industrial relations.
Ingrid’s awards and judgments have been published in South Africa’s two major labour law journals and her articles have been published in three of South Africa’s most popular industrial relations publications. She was managing editor of two publications (IMSSA Arbitration Digest and Employment Law) until they were taken over by Butterworths (now LexisNexis).

MICHAEL MAESO

Qualifications: BA, LLB, LLM (University of KwaZulu-Natal) and Advanced Business Programme
Position in Firm: Partner and Head of the Employment Law Department
Specialisations and Interests: Michael is an industrial relations and employment law litigation specialist. His extensive experience includes practising with a prominent London-based international law firm where he was involved in the employment aspects of a number of multi-jurisdictional transactions and claims to the Employment Tribunal. Back in South Africa, he concentrates on employment law issues that arise from the sale and purchase of companies, restructuring of companies, executive dismissals, sex and race discrimination claims, and restraints of trade. Michael has right of appearance in the High Court.
Service on Boards and Associations: Michael is Director of Operation Upgrade and a member of the Board of Governors for St Benedict’s School.

KATE STAUDE

Qualifications: BCOM, LLB (University of KwaZulu-Natal)
Position in Firm: Associate Partner
Specialisations and Interests: Kate specialises in all aspects of employment law and has a particular interest in data protection. Kate was admitted as an attorney in 2003 and she qualified as a solicitor of England and Wales in 2005. Her focus is on providing clients with pragmatic advice.
Service on Boards and Associations: Kate is a member of the South African Society for Labour Lawyers (SASLAW).

SIOBHAN VILJOEN

Qualifications: LLB, LLM (University of KwaZulu-Natal)
Position in Firm: Partner
Specialisations and Interests: Siobhan specialises in employment law and has a specific interest in the health and safety side of employment law.

CARL MISCHKE

BA, LLB (University of the Witwatersrand)
LLM (University of Heidelberg)
LLD (UNISA)
The late Carl Mischke was a labour law and labour relations consultant. He has written widely on labour law and related issues in his capacity as consulting editor of IRNetwork, contributing editor to Contemporary Labour Law and contributions to a number of labour law textbooks, including Essential Labour Law, now in its 5th edition. He was also a commissioner for the CCMA and a Professor of Law at the University of Johannesburg.

VERLIE OOSTHUIZEN

Qualifications: BA, LLB (University of KwaZulu-Natal, Durban)
Position in Firm: Partner
Specialisations and Interests: Verlie specialises in employment law litigation. She has an interest in Constitutional Law and has been involved in a number of matters dealing with land rights, rural tenure and land claim issues. Verlie was involved in the development of provincial legislation relating to land rights while at the University of KwaZulu-Natal.
Service on Boards and Associations: Verlie is a member of the South African Society for Labour Lawyers (SASLAW

 
Labour Law. Table of contents.
  • The General Principles of Labour Law
  • The Constitutional context
  • Start of the employment relationship
  • The contract of employment
  • Basic conditions of employment
  • Unfair labour practices
  • Protected disclosures
  • Workplace discipline
  • Dismissal and resignation
  • The right not to be unfairly dismissed
  • Automatically unfair dismissal
  • Dismissal for misconduct
  • Dismissal for poor work performance
  • Dismissal for ill health
  • Dismissal for Operational requirements
  • Transfers
  • Trade unions and employers' organisations
  • Freedom of association
  • Organisational rights
  • Collective agreements
  • The right to strike and its limitations
  • Procedural requirements
  • Strike handling
  • Other aspects of strikes
  • Unfair discrimination
  • Fair discrimination
  • The CCMA: An introduction
  • Conciliation and arbitration
  • The CCMA’s jurisdiction
  • CCMA rules and guidelines
  • The Labour Court and its jurisdiction
  • Review applications
  • The Labour Appeal Court
  • After the Labour Appeal Court
  • Workplace health & safety
  • Compensation for occupational injuries and diseases

 

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