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24-Hour Notices

24-Hour Notices

What recourse does employers have against employees who give 24 hours notice?

Affairs at work

Affairs at work

Having affairs at work could cost more than just a relationship.

Retirement Age

Retirement Age

There is no general retirement age in South Africa and therefore employers and employees are free to agree on a retirement age which works for them.

Probation Periods

Probation Periods

Many employers are under the misconception that an employee on probation can be dismissed without following due process.

Is discrimination unfair?

Is discrimination unfair?

Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds, including race, sex, disability, age and others.

Payment of Bonuses

Payment of Bonuses

It is necessary to understand that there is no statutory requirement in labour law to pay bonuses of any sort.

Reinstatement

Reinstatement

Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices.

Desertion of Employees from the Workplace

Desertion of Employees from the Workplace

Desertion means that an employee has left the place of work and it is apparent that he/she does not appear to have any intention of returning to the workplace.

Dismissal of ill or injured employees

Dismissal of ill or injured employees

We are at the peak of the COVID-19 pandemic and in the middle of the cold and flu season. Employers must distinguish the cases of genuine illness from just sick of working.

Short Time Work

Short Time Work

Short time work as an alternative to retrenchment.

Double Jeopardy

Double Jeopardy

Double jeopardy occurs when an employee is disciplined twice for the same offence.

Parental leave amendments

Parental leave amendments

Under the Basic Condition of Employment Act, employees who wish to access the revised parental leave benefits of 10 days per annum are now able to do so with full rights.

Watch what you say to avoid dismissal

Watch what you say to avoid dismissal

Section 16 of the Constitution affords everyone the right to freedom of expression. However, this right is not absolute and can be limited.

Apologise and save your job

Apologise and save your job

It happens often that employers are faced with an employee at a disciplinary enquiry who vehemently denies the allegations against him/her or persistently denies any wrongdoing, even though the...

Absence does not make the heart grow fonder

Absence does not make the heart grow fonder

Employers rely a great deal on, or expect employees to be present at work. It is therefore a major source of frustration for employers when employees are absent.

Hearsay evidence can render dismissals unfair

Hearsay evidence can render dismissals unfair

At a disciplinary hearing, the presiding officer (chairperson) should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is when it is hearsay. What is...

Be Prepared for Disciplinary Hearings

Be Prepared for Disciplinary Hearings

In a Labour Court review case the employer had dismissed the employee for theft but the CCMA had ordered the employer to reinstate him.

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