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Applying a final written warning as a suitable disciplinary measure to address and correct the employee’s behaviour

2024-07-24T11:14:53+02:00

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…]

Applying a final written warning as a suitable disciplinary measure to address and correct the employee’s behaviour2024-07-24T11:14:53+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

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

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

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

Every Employer Needs Labour Law Expertise

2019-10-22T00:37:03+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 Expertise2019-10-22T00:37:03+02:00

No more “Boers” allowed in the workplace!?

2019-10-22T00:30:18+02:00

Racial tension and animosity are amongst the many social ills that form part of South Africa’s apartheid legacy. Eradicating these problems is made no easier by people’s prejudiced beliefs that often manifest in the use of derogatory, offensive and racist language. In recent times, there have been numerous incidents of people publicly using overtly racist [more…]

No more “Boers” allowed in the workplace!?2019-10-22T00:30:18+02:00

The most common lies on South African CV’s – which could soon lead to jail time

2019-05-22T09:12:04+02:00

The introduction of new laws will see qualification fraud be made into a punishable offence in South Africa.

The National Qualifications Amendment Bill, which is currently waiting to be signed off by President Cyril Ramaphosa, aims to create grounds for punishment for individuals who fabricate their qualifications – with up to five years of jail time.

The [more…]

The most common lies on South African CV’s – which could soon lead to jail time2019-05-22T09:12:04+02:00

Immigration lawyer’s arrest puts a spotlight on illegal work permits in SA

2019-04-05T11:31:31+02:00

TimesLive recently reported that prominent Cape Town immigration lawyer, Craig Smith, had been arrested for allegedly duping the Department of Home Affairs into granting visas to his clients.

The lawyer, who faces 1,125 counts of crimes ranging from fraud and forgery to money laundering, has also been accused of bribing home affairs [more…]

Immigration lawyer’s arrest puts a spotlight on illegal work permits in SA2019-04-05T11:31:31+02:00

Removing directors of a company

2018-05-23T09:23:46+02:00

The Companies Act, 71 of 2008, requires that the business and affairs of any company be managed by or under the direction of its board, which has the authority to exercise all of the powers and perform any of the functions of the company, except to the extent that the Companies Act or the [more…]

Removing directors of a company2018-05-23T09:23:46+02:00

Are restraint of trade agreements important for business?

2018-02-27T08:42:52+02:00

A restraint of trade is an agreement between an employer and an employee, or a provision in an employment contract that restricts an employee from being employed by a competitor of the employer, or establishing a business in competition with the employer following termination of employment.

TIBMS (Pty) Ltd t/a Halo Underground Lighting Systems v Knight [more…]

Are restraint of trade agreements important for business?2018-02-27T08:42:52+02:00

Refusal to accept retracted resignations does not constitute dismissal

2017-11-13T12:02:43+02:00

The Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled that that the withdrawal of resignation cannot have any effect unless the employer consents to such withdrawal. The enforcement of the resignation is therefore not an unfair dismissal and applicants have no claim as a result.

In the case [more…]

Refusal to accept retracted resignations does not constitute dismissal2017-11-13T12:02:43+02:00

South Africa’s collective bargaining system on a knife-edge

2017-09-19T08:27:04+02:00

South Africa’s centralised collective bargaining system is at a critical “turning point”, with the sustainability of the current model being widely questioned in light of growing opposition to the extension of wage settlements to non-parties to the negotiations.

Steel and Engineering Industries Federation of Southern Africa operations director Lucio Trentini reports that the recently [more…]

South Africa’s collective bargaining system on a knife-edge2017-09-19T08:27:04+02:00

Six firms set for court over employment equity and ‘misrepresentation’ breaches

2017-09-07T09:09:48+02:00

ANA reports that the Department of Labour (DOL) on Monday said it was taking six companies to court over breaches of the Employment Equity Act (EEA).

The department’s Inspection and Enforcement Services (IES) branch is taking the companies to court for prosecution for failure to prepare employment equity plans [more…]

Six firms set for court over employment equity and ‘misrepresentation’ breaches2017-09-07T09:09:48+02:00

Hlaudi hanged by his own tongue with his bizarre press conference

2017-09-07T09:14:21+02:00

TimesLive writes that former SA Broadcasting Corporation (SABC) chief operating officer Hlaudi Motsoeneng dodged damning findings by the public protector and a R10-million bonus scandal, but it was a bizarre press conference that eventually brought him down.

He was officially fired from the public broadcaster on Monday, following an [more…]

Hlaudi hanged by his own tongue with his bizarre press conference2017-09-07T09:14:21+02:00
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