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