Discrimination based on a criminal record
Must an employee disclose information about his/her criminal record? May an employer exclude an employee from employment on the basis of his/her criminal record? The Employment Equity [more...]
Inconsistency in sanction in disciplinary proceedings
The Labour Appeal Court (LAC) decision in the matter of Samancor Ltd v CCMA and others (2020) 9 BLLR 908 (LAC), highlights the importance of safety in the [more...]
Unpacking casual workers & their rights
Firstly, there is no definition for ‘casual’ workers in our current legislation. The old Basic Conditions of Employment Act of 1983 used to refer to casual labourers, [more...]
Fixed term contracts and expectations
A fixed term contract is quite simply as the name implies, a contract which is concluded from one specific date and shall terminate on another specific date. [more...]
SA’s sexual harassment code now covers bullying – and ‘condescending eye contact’
The previous guide on dealing with sexual harassment at work was replaced by a guide also covering bullying, and racial harassment. It defines various types of harassment, [more...]
Dishonesty surrounding the breach of Covid-19 protocols in the workplace is a fair ground for dismissal
Issue Whether dismissal for dishonesty for infringing the employer’s Covid-19 protocols, was procedurally and substantively fair. Summary The dismissal of an employee who had colluded to corroborate [more...]
Employers hit by default awards
A default award is one that is made by a CCMA arbitrator despite the fact that one of the parties to the dispute failed to attend the [more...]
Health and Safety for Body Corporates/Sectional Title/Chairperson
Sectional Title living has become increasingly popular over the past decade for a wide range of reasons, including increased security and a more communal way of life, [more...]
Can expired warnings be considered?
Key information Schedule 8 of the Labour Relations Act requires that all employers should adopt disciplinary rules that establish the standard of conduct required of their employees. [more...]
Your boss needs to know if you’re vaccinated, according to the latest Covid-19 rules
Thulas Nxesi, Minister of Employment and Labour, issued a code of practice on the management of SARS-CoV-2 exposure in the workplace today, 15 March 2022, under government [more...]
Let’s talk about LEAVE
Annual leave Employees who work for 24 hours or more a month for the same employer may take annual leave. As a general rule annual leave must [more...]
Key Principles of Workplace Health and Safety
Most people spend a large amount of their time at work working for someone, or being employed by someone. It is therefore very important that the workplace health [more...]
Court papers filed against Huawei Technologies South Africa for employment equity violations
Due to non-compliance with employment equity policy, the Department of Employment and Labour filed papers in court today, February 11, 2022, against Huawei Technologies South Africa. Huawei [more...]
Don’t abuse the right to suspend employees
Employees are suspended from duty for different reasons that may include: One form of suspension is a temporary lay-off of employees due to operational circumstances. That is, [more...]
Notice boards must comply with POPI Act
POPI- Those who ‘process information’ are then accountable for the lawful processing thereof. In the news- Pick n Pay scraps its notice boards (for now) because of [more...]
Labour Appeal Court protects company interest against competition of their employees
Consider reminding employees that prior permission for ‘moonlighting’ must be obtained to avoid conflict of interest. “Employees act in bad faith if conflict of interest may arise [more...]
Dismissal for intimidation and accusations of racism against fellow employee held to be fair and appropriate
Issue Whether the dismissal of an employee who accused a fellow employee of racism and threatened and intimidated her was substantively and procedurally fair. Summary The dismissal [more...]
Health and Safety Practices for a Contractors and Suppliers
The Occupational Health and Safety Act 85 of 1993 places responsibility on the employer to ensure that a safe and healthy work environment is provided and maintained, [more...]