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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.

Polygraph Tests

Polygraph Tests

The guidelines that follow are provided by the Commission for Conciliation, Mediation and Arbitration (CCMA) What is a polygraph test? It is a test used to verify a person’s truthfulness and is...

Fixed-term contracts not for permanent positions

Fixed-term contracts not for permanent positions

Employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts of employment. A key reason for this is that employers do not understand the legal purpose of...

Jailed employees still have rights

Jailed employees still have rights

It seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself'. However, this mistaken belief is born from wishful thinking. Reasons for such wishful...

Jail time for lying on your CV

Jail time for lying on your CV

In recent times we have read a lot in the media about people lying about their qualifications. The South African job market is tough, so much so, that a high number of people have resorted to lying...

Poaching former colleagues could be costly

Poaching former colleagues could be costly

A recent court case proved it may be worthwhile for companies to go after former employees who poach their talent. Massmart did exactly that by going after a former employee who had poached an...

Absenteeism and the Law

Absenteeism and the Law

Many employers experience problems with employees being absent from work. In fact, in many workplaces absenteeism is a major concern as it impacts negatively on the operational requirements of the...

Can an employee resign by e-mail or SMS?

Can an employee resign by e-mail or SMS?

Can an employee resign from a job by email where the employment contract requires resignations to be in writing? The question has interesting implications for how people communicate with each other....

Employee Suspension: A change in due process

Employee Suspension: A change in due process

On 06 February 2019 we posted an article about employers failing to comply with due process when suspending and employee, in that an employee must be afforded the opportunity to make representations...

Informal Employment Does Not Protect Employers

Informal Employment Does Not Protect Employers

It is a common and erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed...

Employee Suspension: Employers STILL getting it wrong

Employee Suspension: Employers STILL getting it wrong

The suspension and ultimately reinstatement of primary school teacher, Elana Barkhuizen from Laerskool Schweizer-Reneke has again highlighted how employers fail to appropriately follow due procedure...

Pregnant Employees – Testing Differential Treatment

Pregnant Employees – Testing Differential Treatment

In the recent case of Impala Platinum Ltd v Jonase and Others, the Labour Court (LC) dealt with an appeal against an unfair discrimination award, brought in terms of section 10(8) of the Employment...

National minimum wage and parental leave

National minimum wage and parental leave

The National Minimum Wage (NMW) and the Labour Laws Amendment Bill have been signed into law on 23 November 2018. These laws will bring about some major changes in South African labour law and will...

Myths around sexual harassment in the workplace

Myths around sexual harassment in the workplace

Our previous article talked about sexual harassment at year-end office functions and the possibility that there could be sexual harassment claims following such parties. While the rules around...

Dismissal of an employee who makes racist comments

Dismissal of an employee who makes racist comments

In recent times, racist comments have featured prominently in local printed and social media. Many of these types of comments are being made in private capacities, but more than often they are made...

Do SA labour laws apply to foreign nationals?

Do SA labour laws apply to foreign nationals?

The recent raids on businesses employing illegal foreign nationals in Cape Town underscores the Department of Labour's mission to ensure that employers comply with labour legislation as it relates...

Refused promotion of an employee

Refused promotion of an employee

The Labour Relations Act (LRA) allows employees who have been passed over for promotion to lodge an unfair labour practice dispute at the CCMA or relevant bargaining council. This does not mean that...

Reference checks – Part 1

Reference checks – Part 1

Most employers, if not all, conduct reference checks on potential new employees, prior to appointing them. A question which is often raised is, what information may the old employer disclose about...

Restraint of Trade Agreements

Restraint of Trade Agreements

What is a restraint of trade agreement? It normally forms part of the terms and conditions of a contract of employment. A restraint of trade is an agreement between an employer and an employee, or a...

Electronic Employment Offers

Electronic Employment Offers

We are in an age where most of our communication happen electronically via smartphones, tablets and laptops. When it comes to hiring employees, it is no different. How many times have employers...

Guidelines to suspend an employee for misconduct

Guidelines to suspend an employee for misconduct

If an employee commits misconduct and the employer suspends him before the disciplinary enquiry, a fair procedure must be followed. If not, the employer can be taken to the CCMA for an unfair labour...

Paternity Leave for Fathers

Paternity Leave for Fathers

Parliament has adopted the Labour Laws Amendment Bill with the view to regulate the right of paternal leave. The Labour Laws Amendment Bill was first introduced to parliament in November 2015....

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