Should a resignation be reduced to writing? Are you staying or going?

2024-07-17T09:05:56+02:00

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…]

Should a resignation be reduced to writing? Are you staying or going?2024-07-17T09:05:56+02:00

Workplace well-being key in corporate wellness week

2024-07-05T09:22:09+02:00

Corporate Wellness Awareness Week, July 1-5, emphasises how crucial employers are in fostering employee well-being.

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…]

Workplace well-being key in corporate wellness week2024-07-05T09:22:09+02:00

Why employees in South Africa should think twice before hitting ‘post’

2024-07-03T12:45:26+02:00

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…]

Why employees in South Africa should think twice before hitting ‘post’2024-07-03T12:45:26+02:00

The risk of no relief – LAC refuses to award reinstatement for an unlawful dismissal

2024-07-01T13:48:01+02:00

Overview

  • Many employees, particularly those in senior roles, elect to challenge their dismissals based on a breach of contract, claiming specific performance or damages. These dismissals are commonly characterised as being ‘unlawful’, as opposed to unfair.
  • The recent case of Passenger Rail Agency of South Africa and Others v Ngoye and Others illustrates the [more…]
The risk of no relief – LAC refuses to award reinstatement for an unlawful dismissal2024-07-01T13:48:01+02:00

Unfair Discrimination in the Workplace – What and How?

2024-06-26T09:32:48+02:00

WHAT IS DISCRIMINATION?

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…]

Unfair Discrimination in the Workplace – What and How?2024-06-26T09:32:48+02:00

Don’t Bypass Your Own Disciplinary Policies

2024-06-19T11:00:55+02:00

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…]

Don’t Bypass Your Own Disciplinary Policies2024-06-19T11:00:55+02:00

Where the employee is unable get on with fellow employees (incompatibility) – How to manage this

2024-06-12T09:19:02+02:00

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…]

Where the employee is unable get on with fellow employees (incompatibility) – How to manage this2024-06-12T09:19:02+02:00

Unhappy with an independently chaired disciplinary hearing?

2024-06-10T13:23:40+02:00

Employer options

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…]

Unhappy with an independently chaired disciplinary hearing?2024-06-10T13:23:40+02:00

Reminder: Extended Deadline for COIDA Return of Earnings is 30 June 2024

2024-06-07T08:02:20+02:00

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…]

Reminder: Extended Deadline for COIDA Return of Earnings is 30 June 20242024-06-07T08:02:20+02:00

What happens when an employee refers a dispute to the CCMA or a bargaining council?

2024-06-05T09:46:21+02:00

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…]

What happens when an employee refers a dispute to the CCMA or a bargaining council?2024-06-05T09:46:21+02:00

Public holiday officially declared for voting day 2024

2024-05-22T12:20:31+02:00

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…]

Public holiday officially declared for voting day 20242024-05-22T12:20:31+02:00

New labour rules for South Africa – what you need to know

2024-05-15T11:15:41+02:00

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…]

New labour rules for South Africa – what you need to know2024-05-15T11:15:41+02:00

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
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