workplace

Employee Mental Health Issues: How To Fairly Address Them

We have experienced a marked increase in clients seeking legal advice on how lawfully and fairly to deal with employees in the workplace who may be suffering from a mental health illness or experiencing difficulties, which are in turn negatively impacting on their behaviour and/or performance.  While mental health-related issues in the workplace  are not …

Employee Mental Health Issues: How To Fairly Address Them Read More »

Caveat Launches Social Impact Initiative: The Warrior Project

Improving access to the law has been Caveat’s mission from day one. That old saying, “The doors of court are open to everyone, just like the Ritz”, has irked me since my early days in traditional practice. It’s true, there is law and a justice system for those with means, and almost nothing for those …

Caveat Launches Social Impact Initiative: The Warrior Project Read More »

The National Minimum Wage: Understanding and Applying it

The National Minimum Wage Act (“the NMWA”) came into effect on 1 January 2019. The purpose of the NMWA is to: improve the wages of the lowest paid workers; protect workers from unreasonably low wages; preserve the value of the national minimum wage; promote collective bargaining; and support economic policy. The NMWA defines “workers” as …

The National Minimum Wage: Understanding and Applying it Read More »

Lawyers: Artists or Service Providers?

Historically the legal profession was characterised by many of the same traits as the world of craftsmen or artists. Lawyers perceived their work much as artists do: a creative exercise that takes as long as it takes, costs what it costs and is not available for criticism by the client. The client – a person …

Lawyers: Artists or Service Providers? Read More »

Retrenchments: Tips for Responsible Employers

Section 189 of the Labour Relations Act provides that, where an employer contemplates dismissing one or more employees for reasons relating to its operational requirements, it is obliged to consult with those employees (and / or their representatives) who are likely to be affected by the proposed dismissals. It is an unfortunate reality of both …

Retrenchments: Tips for Responsible Employers Read More »

The Inherent Conflict of Interest in Traditional Legal Practice

Law is about justice and fairness. It really is, I keep telling myself. For me, justice and fairness were the driving force behind years of work, collecting degrees and professional qualifications. They have to be what law – and legal practice – are about. I love the law, the definitiveness of it, and the evolving …

The Inherent Conflict of Interest in Traditional Legal Practice Read More »

Sexual Harassment in the Workplace: Clarity on Employers’ Obligations

Section 6 of the Employment Equity Act prohibits unfair discrimination by any person against an employee and specifically includes harassment as a form of unfair discrimination. Section 60 provides that an employer may be held liable for damages if it cannot prove that it did all that was reasonably practicable to ensure that the unfair …

Sexual Harassment in the Workplace: Clarity on Employers’ Obligations Read More »