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

2024-04-23T12:47:50+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 ends2024-04-23T12:47:50+02:00

When striking workers get violent – what employers need to know

2024-04-22T10:49:11+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 know2024-04-22T10:49:11+02:00

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

2024-04-18T10:47:54+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:

  1. If an employee is an alcoholic or dependent on drugs and needs help, then this must be dealt with as incapacity.
  2. If an [more…]
How to determine whether the abuse of alcohol or drugs by an employee is misconduct or incapacity2024-04-18T10:47:54+02:00

Faking sick leave in South Africa – what employees should know

2024-04-15T09:43:13+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 know2024-04-15T09:43:13+02:00

Constructive Dismissal – Let’s explain

2024-04-11T10:17:18+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 explain2024-04-11T10:17:18+02:00

New BEE laws coming to South Africa – what you need to know

2024-04-08T13:17:42+02:00

The Department of Employment and Labour’s Draft Regulations for the Employment Equity Amendment Act are open for public comment, and employers must understand the changes.

In April 2023, President Cyril Ramaphosa signed the Employment Equity Amendment Act into law. Although the Bill was introduced a year ago, the commencement date is yet to be promulgated.

To address [more…]

New BEE laws coming to South Africa – what you need to know2024-04-08T13:17:42+02:00

Major shift in how labour inspectors do things in South Africa

2024-04-02T15:13:16+02:00

The Department of Employment and Labour has officially unveiled an Occupational Health and Hygiene laboratory as part of exploring new ways of conducting inspections and equipping the inspectorate to adopt a scientific approach to their work.

The laboratory, unveiled by the Chief Directorate of Occupational Health and Safety (OHS) on Monday (25 March), is the first [more…]

Major shift in how labour inspectors do things in South Africa2024-04-02T15:13:16+02:00

Con/Arb process at CCMA explained

2024-03-27T09:11:04+02:00

What is a con-arb process?

The con-arb process is governed by the provisions of section 191(5A) of the Labour Relations Act 66 of 1995 (LRA). Con-arb simply means that that the arbitration hearing is scheduled to take place straight after the conciliation hearing, on the same day, in the event that the parties are not able [more…]

Con/Arb process at CCMA explained2024-03-27T09:11:04+02:00

What is the difference between permanent, fixed term and part time contracts of employment?

2024-03-12T08:14:12+02:00

Permanent, fixed term and part time employment contracts are governed by both the Labour Relations Act as well as the Basic Conditions of Employment Act, which regulate the employment relationship (including rights, duties and obligations) between the employer and the employee.

Permanent employment contracts

A permanent employment contract endures indefinitely or at least until the date of retirement, subject to [more…]

What is the difference between permanent, fixed term and part time contracts of employment?2024-03-12T08:14:12+02:00

Hiring workers on ad hoc or temporary basis? Avoid the pitfalls

2024-03-01T11:38:05+02:00

Hiring workers on an ad hoc or temporary basis is sometimes necessary for businesses. Some jobs or tasks that crop up just need to be done over a short time only. Not by someone on a permanent basis.

But hiring temps can land you in hot water if certain steps are not taken.

Take a look at [more…]

Hiring workers on ad hoc or temporary basis? Avoid the pitfalls2024-03-01T11:38:05+02:00

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

2024-03-01T10:50:47+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 cautious2024-03-01T10:50:47+02:00

Employment, Labour Minister announces National Minimum Wage for 2024

2024-03-01T10:51:12+02:00

Employment and Labour Minister Thulas Nxesi has announced a new National Minimum Wage (NMW) determination from R25,42 to R27,58 for each ordinary hour worked.

The new national minimum wage will come into effect from 1 March 2024.

The National Minimum Wage determination also includes the vulnerable sectors of farm workers and the domestic workers – whom since [more…]

Employment, Labour Minister announces National Minimum Wage for 20242024-03-01T10:51:12+02:00

Runaway Employee – Desertion in the Workplace

2024-03-01T10:51:29+02:00

There is a fine line between extended absenteeism and desertion in the workplace. Desertion is often difficult for employers to prove, but they can still terminate a contract of employment by way of repudiation if the correct process is followed.

In many recent cases brought forward, companies are experiencing excessive employee absenteeism in the workplace. There [more…]

Runaway Employee – Desertion in the Workplace2024-03-01T10:51:29+02:00

Disciplinary procedures & progressive discipline

2024-03-01T10:51:50+02:00

What is progressive discipline?

Progressive discipline is a system of discipline where the penalties increase upon repeat occurrences. The concept is embedded in schedule 8 of the Labour Relations Act which states:

“The courts have endorsed the concept of corrective or progressive discipline.

This approach regards the purpose of discipline as a means for employees to know and [more…]

Disciplinary procedures & progressive discipline2024-03-01T10:51:50+02:00

Testing positive for marijuana in the workplace

2024-03-01T10:52:12+02:00

In Marasi v Petroleum Oil and Gas Corporation of South Africa (SOC) Ltd [2023] 10 BLLR 1043 (LC), the employee was denied entry to the workplace after he was tested for marijuana and his test was in excess of the tolerance level in the employer’s substance abuse policy. The employee alleged that the marijuana was taken because [more…]

Testing positive for marijuana in the workplace2024-03-01T10:52:12+02:00

Big pay hike for domestic workers coming in 2024 – here’s how much you could be paying

2024-03-01T11:00:21+02:00

The Department of Employment and Labour’s National Minimum Wage Commission is recommending an above-inflation hike to the NMW for 2024, which could see the rate for domestic workers jump to as much as R27.71 an hour.

The commission announced in December 2023 that it was investigating three proposals for the NMW increase for 2024, including:

Big pay hike for domestic workers coming in 2024 – here’s how much you could be paying2024-03-01T11:00:21+02:00

Fathers entitled to 4 months parental leave and to claim UIF during parental leave

2024-03-01T11:00:55+02:00

The High Court has delivered a ground-breaking judgment declaring provisions of the Basic Conditions of Employment Act unconstitutional. The court declared sections of these acts unconstitutional for unfairly discriminating against mothers and fathers, surrogate and adopting parents when it comes to “maternity leave”.

It found that the provisions discriminate unfairly between mothers and fathers, and between [more…]

Fathers entitled to 4 months parental leave and to claim UIF during parental leave2024-03-01T11:00:55+02:00

Is your sick note valid? 10 things your medical certificate should have

2024-03-01T11:01:17+02:00

When it comes to sick leave and medical certificates, clarity and accuracy are paramount to maintaining a fair and just system.

A valid sick note is a crucial document that provides evidence of an individual’s medical condition and the need for sick leave.

Here are the essential components that constitute a valid medical certificate:

1. Identification and [more…]

Is your sick note valid? 10 things your medical certificate should have2024-03-01T11:01:17+02:00
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