Publications

Hogan Lovells Publications

Pre-suspension hearings, no more?

Over the past 10 years, employers in the private sector where thrust into conducting a precautionary suspension hearing to avoid a claim of an unfair labour practice (public sector...

Hogan Lovells Publications

Unfair discrimination-speak

Equal pay for equal work – When is the discrimination unfair?

Hogan Lovells Publications

Can an employee who is headhunted and then retrenched cry unfair?

Very often an employee who was headhunted, rises as a defence that he be insulated from a retrenchment process. At face value, this seems like a fair objection. Is it really? While...

Hogan Lovells Publications

How important is the first statutory consultation notice to employees?

Human resources practitioners are often called upon to advise and lead employee consultation in a business restructure. Sometimes, a legal review of the statutory consultation notice issued ...

Hogan Lovells Publications

Is a decision taken by the board that a restructure is to occur manifestly unfair?

This question arises frequently in practice. In October 2018 the Labour Appeal Court had occasion to consider the issue in the matter of South Africa Commercial Catering and Allied Workers...

Published Works

Business rescue, section 133 and employment litigation Without Prejudice

When a company is placed in business rescue, employee claims continue to arise in places like the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Court....

Hogan Lovells Publications

Headhunted and then retrenched

Very often an employee who was headhunted, rises as a defence that he be insulated from a retrenchment process. At face value, this seems like a fair objection. Is it really? While...

Hogan Lovells Publications

Labour law amendments 2018

The following Acts have finally been assented to by President Ramaphosa. We have reviewed the Bills in previous editions of Employment News and discussed them at our employment seminars in...

Hogan Lovells Publications

Business restructures: How important is the first statutory consultation notice to employees?

Human resources practitioners are often called upon to advise and lead employee consultation in a business restructure. Sometimes, a legal review of the statutory consultation notice issued ...

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