Johan Botes

Johan Botes

Partner and head of the Employment Practice Group at Baker McKenzie
Location:South Africa

Profile

Johan Botes is Head of the Employment Practice for Baker McKenzie in Johannesburg. He has a Master's Degree in Labour Law, and regularly appears in the CCMA, Bargaining Councils, Labour Court and High Court. Contact Johan:
Tel: +27 (0) 11 911 4400, mobile: +27 (0) 82 418 0157, switchboard: +27 (0) 11 911 4300, fax: +27 (0) 11 784 2855
moc.eiznekcmrekab@setoB.nahoJ
Johan Botes
#BizTrends2022: The year ahead for employers

Three big issues that employers are considering as they prepare for 2022 include those relating to working from home; mandatory vaccine policies; and increased scrutiny of the gender and ethnicity pay gap...

Johan BotesBy Johan Botes 5 Jan 2022

Source: Andrea De Martin –
CCMA matters: Who will watch the watchers?

Faith in the statutory dispute resolution system hinges on the sound exercise of judgment by commissioners. But what happens when the commissioner is the one committing the misconduct...?

Johan BotesBy Johan Botes 16 Sep 2021

Demonstrators loot the Ayoba Cold Store as protests continue, following imprisonment of former South Africa President Jacob Zuma, in Chesterville, Durban, KwaZulu-Natal, South Africa 12 July 2021, in this still image obtained from social media video. Siphiwe Emacous Moyo Snr/via Reuters
Caught looting? It could cost you your job...

Businesses in South Africa have been seeking advice on how to deal with the impact of recent riots, unrest and looting...

Johan BotesBy Johan Botes 19 Jul 2021

Fired for coming to work with Covid - dismissal deemed fair by court
Fired for coming to work with Covid - dismissal deemed fair by court

Is it fair to dismiss an employee who came to work, knowing that he was exposed to Covid-19? Absolutely, said the Labour Court in a recent judgment...

Johan BotesBy Johan Botes 5 May 2021

Let's get constructive about constructive dismissal - you can still be fired
Let's get constructive about constructive dismissal - you can still be fired

Very few workplace issues elicit as firmly held views or fears as the topic of constructive dismissal. Whether it is a manager, fearful of doing something wrong and at risk of an employee lodging the dreadful claim of constructive dismissal, or...

Johan BotesBy Johan Botes 26 Jan 2021

#BizTrends2021: The post-pandemic workplace - a look at key trends
#BizTrends2021: The post-pandemic workplace - a look at key trends

Putting the brakes on business travel and physical offices due to tech transformation...

Johan BotesBy Johan Botes 11 Jan 2021

It's leave, Karen, not a savings plan
It's leave, Karen, not a savings plan

Whenever an employee's services are terminated, or an annual leave cycle ends, there will be at least two people arguing about whether the employee's old, untaken annual leave could be accumulated and paid out...

Johan BotesBy Johan Botes 10 Dec 2020

Limited duration employment contracts - unlimited hassles when not properly managed
Limited duration employment contracts - unlimited hassles when not properly managed

Employers use limited duration contracts (LDCs) to create certainty and limit legal risk in respect of staffing solutions. Appointing an employee for a fixed period or defined project allows an employer to plan for the employee's exit in advance. But...

Johan BotesBy Johan Botes 30 Sep 2020

Disproportionate impact of Covid-19 on women in the workplace
Disproportionate impact of Covid-19 on women in the workplace

Women are unable to escape disparate treatment in the workplace, with even the current global pandemic causing greater upheaval for them compared to their male counterparts...

Johan BotesBy Johan Botes 25 Aug 2020

Alternatives to dismissal - contemplating retrenchments post Covid-19
Alternatives to dismissal - contemplating retrenchments post Covid-19

The issue of when an employer should explore alternatives to retrenchment has never been more relevant than now, as businesses begin to respond to the impacts of Covid-19 on their operations...

Johan BotesBy Johan Botes 15 Jun 2020

Q&A - pressing issues employers are addressing in light of the coronavirus outbreak
Q&A - pressing issues employers are addressing in light of the coronavirus outbreak

Johan Botes, partner and head of the Employment & Compensation Practice at Baker McKenzie Johannesburg, addresses a series of questions many South African employees and employers are asking amid the the coronavirus (Covid-19) outbreak...

Johan BotesBy Johan Botes 19 Mar 2020

Employee rights proposed for film and TV industry workers
Employee rights proposed for film and TV industry workers

On 11 December 2019, the Minister of Labour in South Africa issued a notice calling for interested parties to make submissions on his proposal to deem persons in the film and television industry as employees for the purpose of selected portions of...

Johan BotesBy Johan Botes 24 Jan 2020

Not in my name - gender violence in the workplace
Not in my name - gender violence in the workplace

Employers can play a critical role in stigmatising violence against women and ensuring that perpetrators are ostracised from civilised society. No employer should have any doubt about its ability to dismiss any employee who assaults a female...

Johan BotesBy Johan Botes 10 Sep 2019

Harvesting attention capital and reducing the risks of the frictionless workplace
Harvesting attention capital and reducing the risks of the frictionless workplace

The evolution of the flexible age means that the business world is desperate to eliminate friction, seeking to remove any obstacles that stand in the way of maximising customer satisfaction, attracting the best talent and improving operational...

Johan BotesBy Johan Botes 30 Apr 2019

#BizTrends2019: When it comes to gazing, crystal ball beats navel in 2019
#BizTrends2019: When it comes to gazing, crystal ball beats navel in 2019

In this age of overflowing inboxes, diaries filled with meetings sandwiched between conference calls and yet another round of performance assessments, managing time and focus requires Herculean effort...

Johan BotesBy Johan Botes 7 Jan 2019

Collective bargaining agreements are valid - whether or not all employees agree
Collective bargaining agreements are valid - whether or not all employees agree

Protection of employment during business transfers is an integral piece in the employment law legal puzzle in many jurisdictions around the world...

Johan BotesBy Johan Botes 21 Nov 2018

Defining the lines for automatic transfer of employees
Defining the lines for automatic transfer of employees

Do employees automatically transfer from an old service provider to a new service provider when the client replaces the one with the other...?

Johan BotesBy Johan Botes 4 Oct 2018

Leave judgment rustles employers
Leave judgment rustles employers

Is an employer bound by its own changes to its leave policy? What happens when the employer disputes whether the changes were ever implemented, and there is no witness to gainsay claims of what happened...

Johan BotesBy Johan Botes 17 Sep 2018

Could Zuma approach the Employment Tribunal?
Could Zuma approach the Employment Tribunal?

With Jacob Zuma finally resigning from the presidency following pressure from the ANC NEC, the question arises on his possible legal remedies should he feel aggrieved at being compelled to vacate his office and official residence...

Johan BotesBy Johan Botes 15 Feb 2018

#BizTrends2018: Five trends in employment law we can expect in 2018
#BizTrends2018: Five trends in employment law we can expect in 2018

As we launch into 2018, here are a handful of trends we'll be seeing in the workplace this coming year...

Johan BotesBy Johan Botes 8 Jan 2018

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