Moonlighting and the duty of good faith owed by the employee
Moonlighting has become more common for those looking to earn additional income, but do employees need to disclose their side businesses to their employers, especially when a [more...]
Effective management of incapacity cases due to poor work performance
Poor work performance, or incapacity, is dealt with in Schedule 8 of the Labour Relations Act no. 66 of 1995, and refers to the inability of an [more...]
Avoid ending up in court when an employee resigns
The only way to revive the contract of employment would be through a fresh offer and acceptance – which amounts to rehiring or re-employment. Resignation takes effect [more...]
May an employer monitor an employee’s emails?
It would be best to have an email monitoring policy regarding employees’ private and business use of emails contained in employment contracts. However, how extensive, and intrusive [more...]
Losing at arbitration can be costly
South African labour law very strongly protects employees who have been fired unfairly. These protections are implemented at several forums including: The Commission for Conciliation, Mediation and [more...]
National Minimum Wage: New Earnings Threshold
Employment and Labour Minister, Thulas Nxesi (Minister), has announced that the National Minimum Wage Act (NMWA) has introduced a new National Minimum Wage (NMW). South African workers [more...]
Proposed law to replace BEE in South Africa – what you should know
The opposition Democratic Alliance has announced its intention to table the Preferential Procurement Policy Framework Amendment Act for public comment. The bill proposes scrapping the current Broad-Based [more...]
Discrimination based on a criminal record
Must an employee disclose information about his/her criminal record? May an employer exclude an employee from employment on the basis of his/her criminal record? The Employment Equity [more...]
Inconsistency in sanction in disciplinary proceedings
The Labour Appeal Court (LAC) decision in the matter of Samancor Ltd v CCMA and others (2020) 9 BLLR 908 (LAC), highlights the importance of safety in the [more...]
Unpacking casual workers & their rights
Firstly, there is no definition for ‘casual’ workers in our current legislation. The old Basic Conditions of Employment Act of 1983 used to refer to casual labourers, [more...]
Fixed term contracts and expectations
A fixed term contract is quite simply as the name implies, a contract which is concluded from one specific date and shall terminate on another specific date. [more...]
SA’s sexual harassment code now covers bullying – and ‘condescending eye contact’
The previous guide on dealing with sexual harassment at work was replaced by a guide also covering bullying, and racial harassment. It defines various types of harassment, [more...]
Dishonesty surrounding the breach of Covid-19 protocols in the workplace is a fair ground for dismissal
Issue Whether dismissal for dishonesty for infringing the employer’s Covid-19 protocols, was procedurally and substantively fair. Summary The dismissal of an employee who had colluded to corroborate [more...]
Employers hit by default awards
A default award is one that is made by a CCMA arbitrator despite the fact that one of the parties to the dispute failed to attend the [more...]
Health and Safety for Body Corporates/Sectional Title/Chairperson
Sectional Title living has become increasingly popular over the past decade for a wide range of reasons, including increased security and a more communal way of life, [more...]
Can expired warnings be considered?
Key information Schedule 8 of the Labour Relations Act requires that all employers should adopt disciplinary rules that establish the standard of conduct required of their employees. [more...]
Your boss needs to know if you’re vaccinated, according to the latest Covid-19 rules
Thulas Nxesi, Minister of Employment and Labour, issued a code of practice on the management of SARS-CoV-2 exposure in the workplace today, 15 March 2022, under government [more...]
Let’s talk about LEAVE
Annual leave Employees who work for 24 hours or more a month for the same employer may take annual leave. As a general rule annual leave must [more...]