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 be taken no later than 6 months after the end of the annual leave cycle. An employee may apply for leave in terms of the employer’s leave procedures. An [more…]
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 and safety is well maintained and that the health, safety and wellbeing of the entire workforce is always a priority for all employers or organisations.
[more…]
Employees are suspended from duty for different reasons that may include:
POPI stipulates that the ‘data subject’ is the person to whom the personal information belongs. Information from the data subject can only be used should they consent [more…]
“Employees act in bad faith if conflict of interest may arise even though no real competition actually results”- Labour Appeal Court
Recently the Labour Appeal Court (LAC) confirmed the importance of the duty of good faith that an employee owes their [more…]
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 of an employee who had accused a fellow employee, a security supervisor, of searching his car because he was a black man and intimidated her by promising to “deal with her” [more…]
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, without risk to the health of workers.
Health and safety, however, is the responsibility of all employees, not only the employer or the employee alone. There are, however, health [more…]
At some point during their employment, employees may be requested by their employer to give evidence at arbitration proceedings or a Labour Court trial. Sometimes, they are reluctant to become involved in these proceedings. The reasons for this are varied, but often boil down to the fact that employees simply do not want to become [more…]
Yes, but for such a deduction to be lawful the employer has to meet several requirements.
Brief explanation: If an employee has caused an employer harm due to the employee’s fault (e.g. an accident with a company car), the employer would in principle have a claim against the employee. It does not make practical sense to sue [more…]
Labour minister Thulas Nxesi has published the new minimum wage for South Africa.
In a gazette published on Monday evening (7 February), the minister said that the national minimum wage is now R23.19 for each ordinary hour worked. This change will take effect from 1 March 2022.
This represents an increase of 6.9% from the minimum wage [more…]
The following laws and regulations are in place in the interest of employees across industries in South Africa:
The Department of Employment and Labour is aware of several incidents in Gauteng, particularly in the Merafong area, where people are impersonating Labour Inspectors and CCMA officials and swindling money from unsuspecting employers. Deceptive individuals posing as labour inspectors are visiting Carletonville and Fochville workplaces to conduct illegal inspections and then issuing inspection reports [more…]
After the festive season many employers will be left in the dark regarding the whereabouts of some of their employees that have failed to return to work. Did the employee find another job or is the employee absent as a result of illness or other circumstances?
The reality is that the employer will not know and [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 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 harmony within [more…]
Dear South African employer
Recent CCMA awards provided for the suspension and dismissal of employees who refused the vaccination.
This should not be seen as blanket permission to dismiss those who refuse vaccination as specific circumstances at those companies existed.
We advise that you deal cautiously with the situation and contact Mr Etienne van Wyk on the Cofesa [more…]
46% of South African companies prefer not to disclose data breaches in which their employees’ personal information was leaked, according to Kaspersky’s Employee Wellbeing 2021 report.
The cybersecurity solutions provider said that while high-profile data breaches were mainly associated with stealing customer information, personal employee data was also very popular with cybercriminals.
20% of the [more…]
JOHANNESBURG – The Employment and Labour Department said that the labour inspectorate service environment was highly regulated in the country and not even inspectors [more…]
