What is constructive dismissal?
Introduction Constructive Dismissal is defined in the Labour Relations Act 66 of 1995 (hereinafter referred to as “the Act”) as: “an employee terminated a contract of employment with or [more...]
Take note: UIF warns all employers who received TERS money to prepare for audit
The Unemployment Insurance Fund (UIF) has appointed seven auditing and forensic firms to "follow the money" for all Covid-19 TERS payments. “Companies that received money through the [more...]
Drinking at work functions and the implications for employees and employers
In the dynamic realm of the working world, team structures, authority lines, and organisational cultures are varied and unique. Amidst the aforementioned variability, however, resides one business [more...]
Protected disclosures, labour relations, and whistleblowing
Introduction This article aims to provide a basic understanding of the Protected Disclosures Act 26 of 2000 (hereinafter “the PDA”), having particular reference to the protection afforded by [more...]
GBV in the workplace: Where to from here?
In September 2019, the #SandtonShutdown protest took place in an effort to highlight the crucial role of businesses in tackling gender-based violence. One of the placards during [more...]
Labour Minister warns of UIF collapse over virus benefits
Almost R53bn has been dispensed to more than 4.7m people so far. South Africa’s Employment and Labour Minister Thulas Nxesi has warned that the state-run Unemployment Insurance [more...]
DEL welcomes Constitutional Court judgement on domestic workers
The employment and labour department has welcomed the Constitutional Court judgement affirming the right of domestic workers to be covered for injuries sustained during employment. In a [more...]
“To be or not to be?” – in what circumstances does a business transfer as a going concern?
On 4 August 2020 the Constitutional Court handed down its latest judgment in the lengthy and protracted litigation between Tasima and the Road Traffic Management Corporation (RTMC). [more...]
Dismissal for depression: discrimination vs misconduct
In Legal Aid SA v Jansen (LAC), the employer appealed against the Labour Court's decision whereby it held that the dismissal of the employee was automatically unfair in [more...]
Under the influence – No proof, no dismissal
Following the Constitutional Court judgment where the use of cannabis was decriminalised, employers have faced difficulty in policing and enforcing policies regulating the use of cannabis by [more...]
Employee incentive schemes: Retaining and incentivising key employees during uncertain times
Introduction and Overview Now more than ever, companies are looking to incentivise and align key employees to a common long-term growth objective. Employee incentive schemes allow key [more...]
Breaking down sick leave – Rights, obligations and limitations
Introduction Many employers and employees appear to not know their rights or obligations pertaining to sick leave and the limitations in respect of taking sick leave. Section [more...]
Can an employer be held liable for discrimination perpetrated by a customer?
In Samka v Shoprite Checkers (Pty) Ltd and Others [2020] 9 BLLR 916 (LAC), the employee was employed by Shoprite Checkers (the employer) as a cashier. During the performance of [more...]
How to advance agility in your workplace
The critical need for increased agility in business continuity plans by Fortinet CISOs Alain Sanchez and Joe Robertson Recent events have forced CISOs across all industries to [more...]
The ins and outs of condonation applications for late referrals of labour disputes
Introduction It’s no secret that regrettably thousands, if not more employees have lost their jobs during the nationwide lockdown as a result of COVID-19 in 2020, either [more...]
Beware dismissals based on spite
Feelings of spite arise at work for a great variety of reasons such as: · Resentment due to the lodging of grievances · Power struggles between managers · Racial and [more...]
Why employee morale and company culture are important
A happy work environment is an important goal for any organisational culture, with serious implications for productivity and profit. How can you measure aspects such as staff [more...]
Are companies liable by law to pay their employees bonuses?
The short answer: if payment of a bonus is a guaranteed right, either in terms of an employee’s contract of employment, an employer’s remuneration or bonus policy, [more...]
