May an employer use behavioural characteristics (e.g. initiative, enthusiasm and determination) as criteria to select employees for retrenchment?

Trust is at the core of the employment relationship. It could be tempting to assume that an employee with a criminal record cannot be trusted.

May an employer approach employees informally and strike a deal by signing a mutual separation agreement, thereby avoiding the legal technicalities of the LRA?

A ‘zero-tolerance’ approach towards employees who are under the influence of alcohol and other intoxicating substances is a fairly common phenomenon in the workplace.

Since the decriminalisation of the cultivation, possession and use of cannabis for private purposes, there have been several cases in which employees have challenged their employers regarding the banning or restriction of cannabis.

A case of serious misconduct may also amount to a criminal offence. Does the employer have to wait until the disciplinary proceedings have run their course before laying a criminal charge?

Most contracts of employment contain an overtime clause which states that the employee agrees to work overtime "as and when needed".

The recent protests in France show the power of the social contract between a population and its government.

When an employee goes on maternity leave, others almost inevitably have to fill in for her. During her absence the question may arise whether she is really needed and whether her position has become redundant.

The possession and use of dagga for private purposes may no longer be a criminal offence, but to what extent may employers control employees’ habits in the workplace?