Managing conduct and capacity in the workplace – An overview
It is essential for employers to fully understand all aspects of disciplinary and incapacity procedures, and the legal requirements and the rights involved. The manner in which [more...]
Let’s talk about Poor Performance
INTRODUCTION South African labour laws recognise that an employer may require work performance of an acceptable standard, and that employees should be protected against unfair treatment. The [more...]
OPINION – Tattoo discrimination in the workplace – Why Cele’s comments should not get under your skin
Police Minister Bheki Cele caused an outcry when he said tattoos suggested gangsterism and would impact employment in the police force. So just how much can one's [more...]
What employers should know about the new employment equity laws
In a media release on 31 August 2022, the Department of Employment and Labour (Department) confirmed that the signing into law of the Employment Equity Amendment Bill, [more...]
Reasonable expectation of contract renewal
Relevant Case: Transnet t/a Transnet Freight Rail v National Union of Metalworkers of SA on behalf of Manku & others (2021) 42 ILJ 1948 (LAC) Facts of [more...]
Health And Safety Risk Assessments – Everything You Need To know
Section 8(1) of the South African Occupational Health and Safety Act 85 of 1993 clearly states that “every employer shall provide and maintain, as far as reasonably practicable, a [more...]
What the law says about firing employees in South Africa working beyond retirement age
The dismissal of employees who have reached and worked beyond the normal retirement age has been found to be fair, says Werksmans Attorneys. Employers do not waive [more...]
Employing foreign nationals in South Africa
In the recent Mukuru case of Mukuru Financial Services (Pty) Ltd and Another v Department of Employment and Labour, the Court had to consider the facts supporting the [more...]
Runaway Employee – Desertion in the Workplace
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 [more...]
Is polygraph testing in employment disputes reliable?
There has never nor is there presently any labour or employment legislation which regulates or controls the use of the test or to protect the Employee's right [more...]
Strike action: The proper procedure to follow
Section 213 of the Labour Relations Act, No 66 of 1995 (LRA) defines a strike as “the partial or complete concerted refusal to work, or the retardation or [more...]
Do you have to comply with the POPI Act?
The Protection of Personal Information Act (POPI Act or POPIA) is South Africa’s data protection law. The first question you need to ask is do you have [more...]
The Labour Relations Act – Dangerous Dozen
South Africa’s labour legislation was largely conceived by our country’s trade unions. As a result, the statutes heavily protect employees and, in particular, protects the jobs of [more...]
Court insists on adherence to disciplinary policies
The law makes it essential for employers to act with great care and expertise in gathering evidence and in designing and applying their disciplinary policies. The Labour Courts are [more...]
Here are the rules around paying workers during load shedding in South Africa
The modern workplace has gone through significant changes with businesses being required to adapt to new ways of working. Many employers have revisited their operating models and [more...]
Probation Info
General Item 8 of the Code of Good Practice: Dismissal, deals with probation. An employer may require a newly hired employee to serve a period of probation [more...]
These WhatsApp messages can land you in trouble at work in South Africa
With more South Africans working from home or shifting to a hybrid working model, both employers and employees are increasingly using messaging services such as WhatsApp to [more...]
Department of Labour sets target for workplace inspections
The minister of Employment and labour has announced that the Department of Employment and labour aims to visit 839 000 workplaces for the purpose of conducting inspections [more...]