Labour Law – Cofesa

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

FefaTech2024-04-23T12:47:50+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 endsFefaTech2024-04-23T12:47:50+02:00

When striking workers get violent – what employers need to know

FefaTech2024-04-22T10:49:11+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 knowFefaTech2024-04-22T10:49:11+02:00

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

FefaTech2024-04-18T10:47:54+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:

If an employee is an alcoholic or dependent on drugs and needs help, then this must be dealt with as incapacity.
If an [more…]

How to determine whether the abuse of alcohol or drugs by an employee is misconduct or incapacityFefaTech2024-04-18T10:47:54+02:00

Faking sick leave in South Africa – what employees should know

FefaTech2024-04-15T09:43:13+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 knowFefaTech2024-04-15T09:43:13+02:00

Constructive Dismissal – Let’s explain

FefaTech2024-04-11T10:17:18+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 explainFefaTech2024-04-11T10:17:18+02:00

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

FefaTech2024-03-01T10:50:47+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 cautiousFefaTech2024-03-01T10:50:47+02:00

Every Employer Needs Labour Law Expertise

s26superu2019-10-22T00:37:03+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 Expertises26superu2019-10-22T00:37:03+02:00

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

s26superu2019-10-22T00:34:33+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 constitutionss26superu2019-10-22T00:34:33+02:00

The race card: Not the joker in the pack

s26superu2019-05-01T21:41:07+02:00

In the matter of Legal Aid South Africa v Mayisela and Others LAC (CA9/17) [2019] ZALAC [Delivered 5 February 2019), the Labour Appeal Court (LAC), in considering a judgment granted in favour of the employee in a review application by the Labour Court, held that an employee who was dismissed for gross insubordination committed misconducted [more…]

The race card: Not the joker in the packs26superu2019-05-01T21:41:07+02:00

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

s26superu2019-03-07T10:03:56+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 absenteeisms26superu2019-03-07T10:03:56+02:00

Ignoring CCMA Awards

s26superu2018-11-09T09:14:04+02:00

When the CCMA makes an award for the reinstatement of an employee who has been unfairly dismissed or suspended, it seldom goes down well. But what happens if the employer ignores the award?

In the case of Ilembe Outsourcing and Recruitment c.c. and others v Nosango (2018), the Labour Appeal Court (LAC) was faced with a [more…]

Ignoring CCMA Awardss26superu2018-11-09T09:14:04+02:00

What you need to know about notice periods, termination pay and the BCEA

s26superu2018-11-06T10:30:34+02:00

BizCommunity | 29 Oct 2018

If you have signed an employment contract that specifies something different to the Basic Conditions of Employment Act (BCEA), this will supersede what’s outlined in the Act provided that there is agreement between the parties and the conditions specified are not less favourable than the BCEA, warns Cathie Webb, member (and [more…]

What you need to know about notice periods, termination pay and the BCEAs26superu2018-11-06T10:30:34+02:00

Unfair discrimination – What is the burden of proof?

s26superu2018-10-23T13:44:43+02:00

Provided by Cowan-Harper • By Tanya Mulligan

Introduction

In the recent reportable case of Sasol Chemical Operations (Pty) Ltd v CCMA and others (29 August 2018) ZALCJHB 2680/16 the Labour Court evaluated the evidentiary burden placed on employees who contend that they have been subjected to unfair discrimination during their employment. The employee [more…]

Unfair discrimination – What is the burden of proof?s26superu2018-10-23T13:44:43+02:00

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

s26superu2018-10-23T13:26:44+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 strikes26superu2018-10-23T13:26:44+02:00

A Blow to Labour Brokers / TES with ConCourt Decision

s26superu2018-07-27T09:27:17+02:00

Comment

There is nothing to prevent an employer retaining the services of a ‘contractor’ on a fixed term contract lasting more than 3 months if they can justify the reason for it being a fixed term contract (e.g. build this house, install this pipe-line).

This ruling does not apply to employees earning over R17 120 per month. [more…]

A Blow to Labour Brokers / TES with ConCourt Decisions26superu2018-07-27T09:27:17+02:00

ConCourt ruling deals a blow to labour brokers

s26superu2018-07-27T08:30:36+02:00

ConCourt ruling deals a blow to labour brokerss26superu2018-07-27T08:30:36+02:00

On a need to know basis: What is an employer entitled to know at interview stage?

s26superu2018-04-26T14:32:47+02:00

It goes without saying that employers need to be able to trust their employees. Trust is the cornerstone of any relationship, and an employment relationship is no exception. Employees and employers have very specific rights in terms of common law, as well as labour legislation, and balancing these rights is crucial to a fair and [more…]

On a need to know basis: What is an employer entitled to know at interview stage?s26superu2018-04-26T14:32:47+02:00

Labour Law Posters – Avoid Penalties & Fines

s26superu2018-03-08T15:48:07+02:00

We are regularly asked which posters must be displayed at the workplace of our clients and for that reason and are then asked if our clients should also buy a list of posters which are available at the local stationary store.

Regardless of what your local stationer may say, there are only two (2) summary posters [more…]

Labour Law Posters – Avoid Penalties & Finess26superu2018-03-08T15:48:07+02:00