LabourTalk
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A Question of Leave Entitlement
Does annual leave accrue during maternity leave and is annual shutdown or close of a business considered to be annual leave?
Investigating Misconduct
All allegations of misconduct at the workplace must be investigated.
Avoid Activities that Conflict with Employer’s Interest
Employers pay employees for their services, and therefore the latter are obliged to be loyal to the employer and devote their efforts to the interest of the employer.
Objective Breakdown of Trust Justifies Dismissal
Employers should justify a drastic sanction like dismissal by proving that the employee’s misconduct is so serious that it makes continued employment intolerable.
You cannot dismiss without following procedure
Sooner or later the labour law catches up with employers who fail to follow proper disciplinary procedure and to provide good reason for dismissals.
Written statements at disciplinary hearings
Must an employer hand over evidence before a disciplinary hearing?
Fixed-term Contracts with Permanent Employees
The improper use of fixed-term contracts should be avoided. The South African labour laws apply to fixed-term contract employees.
Redundancy vs Retrenchment
Redundancies can lead to retrenchment, but not necessarily.
Desertion from the workplace – who decides?
Employers are often confused as to when employees are deemed to have deserted the workplace.
Bringing trivial cases to the CCMA
There are a significant number of referrals based on facts that are misrepresented.
Arbitration Awards
Can an arbitration award be reviewed?
Employee Representation at Disciplinary Hearings
In terms of the law, an employee has the right to be represented at an internal disciplinary hearing. However, who should be permitted to represent the employee?
Constructive Dismissal
Many people have a misconception of constructive dismissal. What is it?
Mandatory COVID-19 vaccination in the workplace
To vaccinate or not to vaccinate? Implementing vaccination is not straightforward.
Unsigned Employment Contracts – Part 2
How must employers deal with employees that for some strange reason refuse to sign their employment contracts?
Unsigned Employment Contracts – Part 1
Contrary to popular believe, an unsigned contract of employment does not mean that there is not an employment relationship.
The Importance of the Contract of Employment – Part 3
A contract of employment is a legal requirement and there are various types of employment contracts.
The Importance of the Contract of Employment – Part 2
There are various types of employment contracts. In this article, Part 2, we are briefly discussing the following two types of contracts.
The Importance of the Contract of Employment – Part 1
It is quite surprising just how many employers do not provide employment contracts.
24-Hour Notices
What recourse does employers have against employees who give 24 hours notice?
Smoking cannabis prior to commencing work
Does smoking cannabis before commencing work constitute a dismissible offence?
Affairs at work
Having affairs at work could cost more than just a relationship.
Conducting Disciplinary Investigations
One of the most important elements is that the employer should conduct a workplace investigation to determine the facts of the case.
Witnesses a critical part of Disciplinary Proceedings
It is often impossible to win a case without witnesses.
Theft Cases: Proceed with Caution
Sympathy to an employee accused of theft may prove costly.
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.
Unilateral Changes to Terms & Conditions of Employment
A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment.
Probation Periods
Many employers are under the misconception that an employee on probation can be dismissed without following due process.
Nepotism and its dangers in the workplace
Given the multitude that nepotism can create, it is wise to steer clear of any type of favouritism.
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.
Can employers force employees to be vaccinated against COVID-19?
Employers will want to develop policies that will require all employees to be vaccinated.
A question of leave entitlement
There are two rather interesting questions regarding leave.
Mitigatory, Extenuating and Aggravating Circumstances
In considering the appropriate disciplinary sanction, the chairperson must consider various circumstances that could influence such sanction.
Payment of Bonuses
It is necessary to understand that there is no statutory requirement in labour law to pay bonuses of any sort.
Objective breakdown of trust relationship justifies dismissal
The employment relationship becomes intolerable when the trust relationship has been breached.
Employee in jail – what now?
How does an employer deal with an employee who is being held in custody and/or is in jail?
Employer Liability for the Actions of their Employees
Employers must take proactive steps to avoid being held liable for the unlawful actions of their employees.
Facts and Evidence count in Disciplinary Hearings
After analysing and evaluating the evidence, in compliance with the law of evidence’s principles, the chairperson decides the guilt or innocence of an accused employee.
Reinstatement
Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices.
Terminating a fixed-term contract of employment
The termination of a fixed-term contract of employment could cause major problems for an employer.
COVID-19 and Retrenchments
COVID-19 does not give employers the right to retrench employees as they please.
Dismissal due to breakdown of the Trust Relationship
Does dishonesty lead to a breach in the trust relationship so as to make the employment relationship intolerable?
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
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.
Disciplinary Warnings: A Warning to Employers – Case Law Decisions
The primary objective of disciplinary warnings is to correct unacceptable behaviour of employees.
Short Time Work
Short time work as an alternative to retrenchment.
COVID-19: What must employer do if employee is infected
What to do if an employee contracts Covid-19 and has been in the workplace.
COVID-19: Can employees withdraw from the workplace?
Employees returning to work from the Covid-19 lockdown will need to show reasonable justification if they halt work on the basis that they may be exposed to the virus.
Calculation of Employees’ COVID-19 UIF TERS Benefit
How is the benefits payable to employers, on behalf of their employees, calculated in terms of the COVID-19 TERS?
Lockdown – working remotely, COVID-19 infection and compensation
Due to the lockdown some employees have not been able to work, while others are on the frontline of the fight against the virus or had to work remotely from home.
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