Jacques van Wyk

Director in Labour and Employment Law: Werksmans Attorneys
Location:South Africa


Jacques van Wyk is a director in Labour and Employment Law at Werksmans Attorneys. He was named as a recommended lawyer in Labour & Employment by the Legal500 (2010-2012), and co-authored 'Labour Law in Action - A Handbook on the new Labour Relations Act - 1997' with Frances Anderson. Jacques specialises in commercial employment transactions arising during mergers and acquisitions, corporate restructures, executive employee terminations of employment, drafting employment contracts and letters of appointment; disciplinary codes and procedures; and grievance procedures.
Impimpi Alive - whistleblowing system for minimum wage defaulters

The DOL has developed a new system that will allow employees to report companies that fail to comply with the National Minimum Wage Act...

By Jacques van Wyk 10 Apr 2019

#RecruitmentFocus: What you need to know about the new National Minimum Wage Act

The National Minimum Wage Act came into effect on 1 January 2019, and provides for, amongst others, a national minimum wage; the establishment of a National Minimum Wage Commission...

By Jacques van Wyk 9 Jan 2019

Disagreeing to agree: Does non-compliance constitute contempt of court?

Where an employer or employee fails to comply with a court order, does such failure constitute contempt of court...?

By Jacques van Wyk 8 Jan 2019

Can you dismiss an employee who refuses to obey instructions?

In the case of Media Workers' Association of South Africa obo Hoohlo and others v SABC, the CCMA had to consider whether the employees were fairly dismissed for gross insubordination...

By Jacques van Wyk 11 Sep 2018

Pay discrimination on arbitrary grounds? Prove it.

To succeed with a claim of unfair discrimination based on an arbitrary ground, an employee would need to adduce evidence or establish link between the arbitrary ground and the differentiation complained of...

By Jacques van Wyk 15 Jan 2018

Contractual consistency is key in employee polygraph tests

Is an employer entitled to dismiss employees for refusing to undergo a polygraph test when such employees are contractually obligated to submit to a polygraph upon request by the employer and does this request amount to singling out certain employees from others who are not so contractually obliged...?

By Jacques van Wyk 14 Dec 2015

Video evidence in arbitration proceedings must be authentic and relevant

In terms of section 138(1) of the Labour Relations Act 66 of 1995 (as amended) a "commissioner may conduct the arbitration in a manner that the commissioner considers appropriate in order to determine the dispute fairly and quickly, but must deal with the substantial merits of the dispute with the minimum of legal formalities"...

By Jacques van Wyk 19 Mar 2015

Draft Code of Good Practice on equal pay for work of equal value

The Minister of Labour published the Draft Code of Good Practice on equal pay for work of equal value ('Draft Code') on 29 September 2014. The Draft Code is available for public comment until 31 October 2014.

By Jacques van Wyk 29 Oct 2014

Draft Code on equal pay available for comment

The Minister of Labour published the Draft Code of Good Practice on equal pay for work of equal value (Draft Code) on 29 September 2014. The Draft Code is available for public comment until 31 October 2014.

By Jacques van Wyk 29 Oct 2014

Dismissals must be based on fair reasons

Despite the allowance that dismissals for poor performance during or on the expiry of the probationary period may be based on less compelling reasons than would be required after the probationary period, the principle that dismissals must be based on fair reasons still stands.

By Jacques van Wyk 4 Apr 2014

EE not an absolute bar to appointment of non-designated candidates

The Supreme Court of Appeal, in rejecting the decision of the Labour Appeal Court, found that the employee in this case had been unfairly discriminated against by being denied an opportunity for promotion where no other suitable candidate, aside from herself, was present for the position.

By Jacques van Wyk 13 Jan 2014

Whether reinstatement awards prescribe

Once an employee has proved that he or she was dismissed unfairly during arbitration proceedings then the arbitrator may make an order for reinstatement or compensation. However, if the employer takes the order on review to the Labour Court then the question arises whether prescription continues to run against the order while the review process is underway.

By Jacques van Wyk 12 Dec 2013

Employment equity: importance of regional demographics

Should an employer use only national demographics when setting employment equity targets or should both national and regional demographics be taken into account?

By Jacques van Wyk 14 Nov 2013

Event-defines fixed-term contracts

Employees are often employed in terms of fixed-term contracts for the purpose of completing a specific project. If the project consists of multiple phases and employees are required to complete a specific phase rather than the entire project then this should be made clear in their contracts of employment.

By Jacques van Wyk 23 Oct 2013

The use of alcohol in the workplace

An employer who is faced with an employee who is under the influence of alcohol in the workplace may, in the absence of satisfactory evidence, proceed by way of a disciplinary hearing for misconduct.

By Jacques van Wyk 18 Oct 2013

Dismissal of a pregnant employee while on probation

In such circumstances the employer will bear the onus to prove the employee was dismissed for a fair reason, unrelated to her pregnancy. The employee in turn will bear the onus of proving the dismissal arose as a result of pregnancy.

By Jacques van Wyk 1 Oct 2013

Reliability of vehicle tracking devices as employee misconduct evidence

When an employer seeks to rely upon data obtained from a vehicle recovery device as supporting evidence of an employee's misconduct, the employer must ensure that the data of such device is accurate and reliable.

By Jacques van Wyk 26 Sep 2013

Can an employer rely on a lapsed written warning during disciplinary proceedings?

Appropriate circumstances will include instances where the employee concerned is found to have a propensity to commit acts of misconduct at convenient intervals falling outside the period of applicability of the written warnings.

By Jacques van Wyk 9 Sep 2013

Can an employee be disciplined while on sick leave?

If an employee is genuinely sick, an employer must postpone the disciplinary enquiry. This is because it is one of the essential prerequisites of fairness and equity that the employee be afforded an opportunity to state his or her case in response to the allegations brought against him or her.

By Jacques van Wyk 29 Aug 2013

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