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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.

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...

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