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Employer’s legal obligations to an employee once the employment relationship ends

2024-04-23T12:47:50+02:00

The BCEA sets forth specific guidelines that employers must follow when an employee leaves the company, whether through resignation, dismissal, or retrenchment.

Let’s take a look at what an employer’s legal obligations are to an employee once the employment relationship ends.

Firstly, the employment relationship ends when:

  • the employee is dismissed;
  • the employee resigns;
  • the employee is [more…]
Employer’s legal obligations to an employee once the employment relationship ends2024-04-23T12:47:50+02:00

When striking workers get violent – what employers need to know

2024-04-22T10:49:11+02:00

A protected strike doesn’t lose its legal protection if it is tainted by violence and intimidation – and employers can’t use this violence as a basis to fire all workers involved.

This was the main outcome of a recently settled case by the Labour Court, as analysed by the director at Werkmans Attorneys, Jacques van Wyk.

Background

In [more…]

When striking workers get violent – what employers need to know2024-04-22T10:49:11+02:00

How to determine whether the abuse of alcohol or drugs by an employee is misconduct or incapacity

2024-04-18T10:47:54+02:00

The question often arises as to when alcohol abuse by an employee is misconduct and when it is incapacity.

The Labour Court has held that there are two broad categories relating to alcohol:

  1. If an employee is an alcoholic or dependent on drugs and needs help, then this must be dealt with as incapacity.
  2. If an [more…]
How to determine whether the abuse of alcohol or drugs by an employee is misconduct or incapacity2024-04-18T10:47:54+02:00

Faking sick leave in South Africa – what employees should know

2024-04-15T09:43:13+02:00

South African employers can fire their staff members for faking sick leave.

In Hans v Montego Pet Nutrition [2024], where the Commission for Conciliation, Mediation and Arbitration (the CCMA) had to determine whether an employee’s attendance at a social occasion whilst booked off on sick leave warranted their dismissal.

Jacques van Wyk and Andre van Heerden from Werksmans Attorneys said [more…]

Faking sick leave in South Africa – what employees should know2024-04-15T09:43:13+02:00

Constructive Dismissal – Let’s explain

2024-04-11T10:17:18+02:00

What is constructive dismissal?

Constructive dismissal is where an employee terminates the contract of employment with or without notice because the employer made continued employment intolerable for the employee. Constructive dismissal is simply a form of dismissal and requires the employee to prove that there was a constructive dismissal, before the employer must prove that the [more…]

Constructive Dismissal – Let’s explain2024-04-11T10:17:18+02:00

What is the difference between permanent, fixed term and part time contracts of employment?

2024-03-12T08:14:12+02:00

Permanent, fixed term and part time employment contracts are governed by both the Labour Relations Act as well as the Basic Conditions of Employment Act, which regulate the employment relationship (including rights, duties and obligations) between the employer and the employee.

Permanent employment contracts

A permanent employment contract endures indefinitely or at least until the date of retirement, subject to [more…]

What is the difference between permanent, fixed term and part time contracts of employment?2024-03-12T08:14:12+02:00

When you are requested to state “dismissal” for UIF as the reason for termination, be cautious

2024-03-01T10:50:47+02:00

‘The employer must give reasons for termination of employment by inserting the applicable code at the bottom of the UI-19 Form.

  • Code 11: Retrenched/staff reduction
  • Code 16: Voluntary severance package.

The reason for this differentiation is that if the employer selects Code 11, the employee will qualify for UIF benefits, as it is deemed to be a [more…]

When you are requested to state “dismissal” for UIF as the reason for termination, be cautious2024-03-01T10:50:47+02:00

Every Employer Needs Labour Law Expertise

2019-10-22T00:37:03+02:00

South African labour law is a minefield riddled with endless hidden dangers. That is, there are numerous labour acts, regulations, codes and determinations that are mainly focussed on protecting employees. Some of these provisions are so incomplete or vague that they are often interpreted very differently by the arbitrators and judges appointed to implement them.

All [more…]

Every Employer Needs Labour Law Expertise2019-10-22T00:37:03+02:00

Play by the book: Unions prohibited from recruiting outside the scope of their constitutions

2019-10-22T00:34:33+02:00

In Lufil Packaging (Isithebe) (A division of Bidvest Paperplus (Pty) Ltd) v CCMA and Others (DA8/2018) [2019] ZALAC 39, the Labour Appeal Court was tasked with deciding whether a union can recruit members who fall outside the scope of their constitution and seek to exercise organisational rights in relation to those [more…]

Play by the book: Unions prohibited from recruiting outside the scope of their constitutions2019-10-22T00:34:33+02:00

The changing face of the trade union landscape

2019-10-22T00:31:51+02:00

LABOUR relations is seldom viewed dispassionately. It is a field that spans a multitude of collective and individual workplace interactions and experiences, from constructive relationship building initiatives to often fierce adversarialism.

My graduation from UCT in the early 1980s coincided almost exactly with the dawn of the present-day employment law and labour relations regime that prevails [more…]

The changing face of the trade union landscape2019-10-22T00:31:51+02:00

No more “Boers” allowed in the workplace!?

2019-10-22T00:30:18+02:00

Racial tension and animosity are amongst the many social ills that form part of South Africa’s apartheid legacy. Eradicating these problems is made no easier by people’s prejudiced beliefs that often manifest in the use of derogatory, offensive and racist language. In recent times, there have been numerous incidents of people publicly using overtly racist [more…]

No more “Boers” allowed in the workplace!?2019-10-22T00:30:18+02:00

#sorrynotsorry: No freedom to falsely criticise your employer in the media

2019-10-22T00:26:59+02:00

In the matter of Joseph Nzimande and two others v Didben NO and Others, the applicants were dismissed for making false statements to the media, bringing the name of their employer into disrepute and failing to obey an instruction to them to raise their grievances through the recognised internal channels.

The applicants were employed by the [more…]

#sorrynotsorry: No freedom to falsely criticise your employer in the media2019-10-22T00:26:59+02:00

Lack of transport is no justification for late-coming and absenteeism

2019-03-07T10:03:56+02:00

Resource: Tony Healy & Associates

So, your car breaks down and you have no replacement; is your employer obligated to accommodate your absenteeism and late-coming that follows? No, they are not.

This was he scenario in the Labour Court review application in National Nuclear Regulator v the CCMA & others (Case number JR3104/12). The employee, a Senior [more…]

Lack of transport is no justification for late-coming and absenteeism2019-03-07T10:03:56+02:00

No work, No pay, No penalty for COSATU’S intended protest action on 13 February 2019

2019-02-13T07:09:49+02:00

It is advisable to inform your workers that any absences related to the protest action will be treated on the following basis in term of the Labour Relations Act:

  • No work, no pay;
  • No disciplinary action;
  • A shift for leave pay and leave enhancement pay qualification purposes will be lost in respect of the day’s [more…]
No work, No pay, No penalty for COSATU’S intended protest action on 13 February 20192019-02-13T07:09:49+02:00

Labour Court rules in favour of Numsa in ongoing plastics industry strike

2018-10-23T13:26:44+02:00

JOHANNESBURG – The Labour Court in Johannesburg on Friday ruled in favour of the National Union of Metalworkers of South Africa (Numsa) and dismissed an urgent application by employers to interdict a strike in the plastics industry.

This comes after more than 10,000 Numsa members on Monday embarked on strike to demand a living wage and [more…]

Labour Court rules in favour of Numsa in ongoing plastics industry strike2018-10-23T13:26:44+02:00

EE Amendment Bill proposes for sectoral targets

2018-10-17T11:46:36+02:00

The Department of Labour says the Employment Equity (EE) Amendment Bill and Regulations is proposing the establishment of sectoral targets to enable employers to transform workplaces.

Department of Labour Deputy Director of the Employment Equity (EE) Directorate, Masilo Lefika, said the EE amendments and Regulations have proposed for the establishment of 18 sectors as per the [more…]

EE Amendment Bill proposes for sectoral targets2018-10-17T11:46:36+02:00

Minimum pay bill ‘deserves more time’

2018-03-22T18:33:30+02:00

The implementation of the national minimum wage could be postponed after interested parties warned that the process to give effect to the policy was in danger of not passing constitutional muster.

They have cautioned that if the legislation was rushed through Parliament, it risked being sent back by the Constitutional Court. Now, they have requested that [more…]

Minimum pay bill ‘deserves more time’2018-03-22T18:33:30+02:00

Optimise background screening with technology

2018-03-06T11:55:54+02:00

For many companies, vetting job applicants is an essential practice in their hiring process. With the growing risk of fraud and deception in the application process and workplace overall, the need for simplified, fast and accurate results is of utmost importance. Through technology and innovation, optimum results has never been easier.

The use of technology in [more…]

Optimise background screening with technology2018-03-06T11:55:54+02:00
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