Can businesses recover stolen money from ex-employee pension funds?
Introduction: When employees are dismissed or abscond following suspected theft or misappropriation of funds, ex-employers often attempt to recover the lost funds from the ex-employee’s pension benefits. [more...]
Retrenchment and severance pay in South Africa – what employers and employees need to know
A recent Labour Court case found that some employers could be exempt from paying severance to retrenched employees if they can demonstrate that they helped secure alternative [more...]
Government crackdown on businesses – what employers in South Africa need to know
The Department of Employment and Labour (DEL) has ramped up its inspection raids, which remind employers to audit foreigners’ employment status to avoid being caught in violation [more...]
Dismissing without following procedure
Sooner or later the labour law catches up with employers who fail to follow proper disciplinary procedure and to provide good reason for dismissals. This is because [more...]
Applying a final written warning as a suitable disciplinary measure to address and correct the employee’s behaviour
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 [more...]
Should a resignation be reduced to writing? Are you staying or going?
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 [more...]
Workplace well-being key in corporate wellness week
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 [more...]
Why employees in South Africa should think twice before hitting ‘post’
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 [more...]
The risk of no relief – LAC refuses to award reinstatement for an unlawful dismissal
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 [more...]
Unfair Discrimination in the Workplace – What and How?
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 [more...]
Don’t Bypass Your Own Disciplinary Policies
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 [more...]
Where the employee is unable get on with fellow employees (incompatibility) – How to manage this
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 [more...]
Unhappy with an independently chaired disciplinary hearing?
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 [more...]
Reminder: Extended Deadline for COIDA Return of Earnings is 30 June 2024
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) [more...]
What happens when an employee refers a dispute to the CCMA or a bargaining council?
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 [more...]
Public holiday officially declared for voting day 2024
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, [more...]
New labour rules for South Africa – what you need to know
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 [more...]
Employer’s legal obligations to an employee once the employment relationship ends
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 [more...]