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
#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...

By Johan Botes 7 Jan 2019

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...

By Johan Botes 21 Nov 2018

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...?

By Johan Botes 4 Oct 2018

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...

By Johan Botes 17 Sep 2018

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...

By Johan Botes 15 Feb 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...

By Johan Botes 8 Jan 2018

All the King's Horses and all the King's Men could not put the contract together again...

"When I use a word," Humpty Dumpty said, in a rather scornful tone," it means just what I chose it to mean - neither more, neither less." ...

By Johan Botes 3 Jan 2018

Varying decisions on bargaining agreements and cancellations

A curious statutory effect of collective agreements is that a collective bargaining agreement amends the contracts of employment of individual employees...

By Johan Botes 15 Aug 2017

Exchanging public holidays could increase South Africa's productivity

South Africa's ranking on apparent labour market inflexibility (129th out of 138 countries according to the World Economic Forum Competitiveness rankings 2016/2017) suggests that businesses perceive South Africa to be a rigid operating environment...

By Johan Botes 28 Apr 2017

Could your boss having an affair with your spouse be deemed a constructive dismissal?

Employers meddling in the private affairs of their employees have been the topic of many a discussion in the past. However, it appears that some employers take their right to interfere in the private conduct of employees a step too far...

By Johan Botes 6 Mar 2017

Common mistakes employees make during disciplinary hearings

Whether it's a result of lapping up Suits or Law & Order is an open question, but we frequently see employees misconceiving their rights and obligations when faced with allegations of wrongdoing in the workplace...

By Johan Botes 21 Feb 2017

Five New Year's resolutions for employers in 2017

After the festive season break, gyms and health clubs overflow with bodies keen on making good on New Year's resolutions pledged over a glass of bubbly...

By Johan Botes 12 Jan 2017

No country for racists

May an employee who uttered racist statements be placed back into the same workplace...?

By Johan Botes 9 Nov 2016

To command and obey - employer vs employee rights at the SABC

The current situation at the SABC brings into question the rights of employers to issue commands and the duty of employees to obey and carry out such instructions...

By Johan Botes 7 Jul 2016

Once a South African employee, always a South African employee

Does a South African citizen employed by a South African business in a foreign jurisdiction have a claim for unfair dismissal under the South African Labour Relations Act, 66 of 1995 (LRA)...?

By Johan Botes 19 Nov 2015

SABMiller employees may view takeover with apprehension

The decision by SABMiller's board to accept, in principle, the takeover bid made by the world's number one brewery (and SABMiller's largest competitor) Anheuser-Busch InBev may make the brewery's employees apprehensive...

By Johan Botes 14 Oct 2015

Texas restaurant fires pregnant manager after robbery

A Texas fast food restaurant has fired the store's manager after loosing $400 in a heist...

By Johan Botes 29 Apr 2015

MEC liable for damages after doctor's rape

An employee, who suffered the horrendous ordeal of being raped whilst on duty, is not precluded from suing her employer for damages.

By Johan Botes 13 Oct 2014

Employers do not enjoy special protection against claims of defamation

Can an employer be held liable for defamatory statements made about an employee? The High Court recently confirmed that it can but that an employer may rely on the standard defences to such a claim to escape liability.

By Johan Botes 8 Jul 2014

Alternatives to retrenchment

The latest Adcorp Employment Index (January 2014) indicates that the South African economy lost 36,290 jobs during January 2014. Unemployment, according to StatsSA, sits at 24.1% (or 4.8m people actively looking for work being unable to find jobs).

By Johan Botes 17 Feb 2014

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