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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.
Impact of COVID-19 – Retrenchments and Demotions
It is highly likely that the negative impact of COVID-19 on employers will result in retrenchments and/or demotions.
Coronavirus (COVID-19) – UIF Claims/Benefits
The Government has announced the introduction of measures in response to the Coronavirus (COVID-19) and its impact on Unemployment Insurance Fund (UIF) contributors.
Labour Laws are still in effect during lockdown
There has been a lot of confusion over labour issues arising from the COVID-19 lockdown.
Resignations with immediate effect – Employer remedies?
An employee is entitled, at any time in a employment relationship, to resign and walk away from the employer.
The Impact of the Coronavirus in the Workplace
Given the extra-ordinary circumstances, employers need to consider the best manner in which they can contribute to the prevention of the spread of the virus.
Double Jeopardy
Double jeopardy occurs when an employee is disciplined twice for the same offence.
The vexatious litigant and review applications
It has become a trend for employees whose dismissals have been found to be fair by the CCMA to approach the Labour Court in an attempt to review the Award.
Invalid Settlement Agreements
A Settlement Agreement founded on a common mistake is invalid.
Rights and obligations in terms of sick leave
What are employees’ and employers’ rights and obligations in terms of sick leave?
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.
Foreign Employers Cannot Escape SA Labour Law
South African labour law strongly protects people employed in South Africa. Furthermore, our courts do not easily give up jurisdiction to foreign courts.
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.
When Remorse Makes Dismissal Unfair
Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair.
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
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
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
In a Labour Court review case the employer had dismissed the employee for theft but the CCMA had ordered the employer to reinstate him.
If best candidate declines the job, is second best entitled to be appointed?
In the arbitration between the National Union of Mineworkers obo Donald Andile Mchunu v Tronox Mineral Sands, the Commissioner had to decide whether the applicant, the second best candidate,...
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