Introduction
Section 188 of the LRA provides that, to be fair, a dismissal that is not automatically unfair must be for a fair reason and in accordance with a fair procedure.
The employer should conduct an investigation to determine whether there are grounds for dismissal. This does not need a formal inquiry. The employer should notify [more…]
When employees are dismissed or abscond following suspected theft or misappropriation of funds, ex-employers often attempt to recover the lost funds from the ex-employee’s pension benefits. In such cases, time is of the essence, as ex-employees may try to withdraw their pension benefits quickly. To have a chance of recovering the lost monies, an ex-employer [more…]
A recent Labour Court case found that some employers could be exempt from paying severance to retrenched employees if they can demonstrate that they helped secure alternative employment with a new employer.
However, this is only under very specific circumstances—specifically, where the employer swiftly takes action and actively secures the new job.
Legal experts at Cliffe Dekker [more…]
The Department of Employment and Labour (DEL) has ramped up its inspection raids, which remind employers to audit foreigners’ employment status to avoid being caught in violation of immigration, employment, and criminal laws.
This was outlined by legal experts at Cliffe Dekker Hofmeyr (CDH) Imraan Mahomed, Taryn York and Mapaseka Nketu.
Recently, Minister Nomakhosazana Meth reported nearly 2,900 inspections [more…]
Sooner or later the labour law catches up with employers who fail to follow proper disciplinary procedure and to provide good reason for dismissals. This is because section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. The Labour [more…]
Final written warnings constitute a crucial element within the disciplinary framework of any Organisation. They afford employers the opportunity to communicate to employees that their conduct is deemed unacceptable, emphasising the need for a change in behaviour to avert dismissal.
The occurrence of persistent or recurrent misconduct may lead to the issuance of a final written [more…]
Employers are often over-hasty to conclude that an employee’s actions amount to a resignation where it suits the employer. Caution should be exercised.
A contract of employment can end at the employer’s instance, in the form of a dismissal, or by the employee in the form of a resignation. Although a written resignation is preferred, sometimes [more…]
Celebrating Corporate Wellness Awareness Week from 1 to 5 July by highlighting the vital role that companies play in fostering employee health and well-being is not just a matter of timing, it’s a matter of necessity.
A healthy workforce is a productive [more…]
Legal experts warn that crossing the line with social media posts that violate South Africa’s new hate speech laws gives bosses ample ammunition to gun for employees – so it’s best to think twice before posting.
Social media platforms such as Facebook, Instagram and Twitter have enabled users to connect and communicate with people who are [more…]
For the purposes of the Employment Equity Act, discrimination may be distinguished from unfair discrimination.
Discrimination occurs when an employer treats a person differently based on physical attributes or other factors such as religion or political belief. The act of treating employees differently may be justified in some circumstances (e.g. years of service may [more…]
Section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. This forces employers to act with great care and expertise in gathering evidence and in designing and applying their disciplinary policies. The Labour Courts are most intolerant of employers [more…]
An employer is entitled to insist on reasonably harmonious relationships within its business. An employee may not act in a way which results in disharmony or disruption and a breakdown in relationships at work.
“Incompatibility” refers to, for example, an employee not fitting in with the organisational values of the employer, an inability to work in [more…]
In employment law, disputes that arise from disciplinary hearings can be intricate and heated. Many employers opt to hire independent chairpersons to prevent the possibility of ending up in the CCMA (i.e. the Commission for Conciliation, Mediation, and Arbitration). Nevertheless, when employers are displeased with decisions that these disciplinary chairpersons make, seeking recourse can [more…]
Employers and businesses are to take note of the extended deadline set for 30 June 2024 to submit the Compensation for Occupational Injuries and Diseases Act (COIDA) Return of Earnings (ROE). The extension for the period covering 1 March 2023 to 29 February 2024 was announced in a Government Notice. In addition to [more…]
The Commission for Conciliation, Mediation, and Arbitration (CCMA) and Bargaining Councils are important bodies in South Africa that handle disputes between employers and employees.
When an employee refers a dispute to the CCMA or a bargaining council, employers need to understand the process and their obligations.
This guide aims to provide essential information for employers in such [more…]
The Office of the President has confirmed that in terms of section 49(2) of the Constitution, read with section 17 of the Electoral Act 73 of 1998, President Cyril Ramaphosa has proclaimed Wednesday, 29 May 2024 as the date for South Africa’s general national and provincial elections.
For this purpose, the President has also declared an [more…]
New Labour Court and Labour Appeal Court rules, including changes to restraint of trade and holiday-time litigation, have been published in the Government Gazette.
According to Chloë Loubser and Ayanda Nkabinde from Bowmans, the new rules include major procedural changes and technical advancements. These aim to ensure that matters in the Labour Court are handled efficiently, [more…]
