Pregnant Mothers Heavily Protected
There are six pieces of legislation that require employers to treat pregnant and post-pregnant employees with the greatest of care. One of these pieces of legislation is the Code Of Good Practice On...
View ArticleDismissing Alcoholics/addicts Can Be Costly
The post Dismissing Alcoholics/addicts Can Be Costly appeared first on Labour Law Management Consulting.
View ArticleDon’t Wash Your Hands Of Corona
The post Don’t Wash Your Hands Of Corona appeared first on Labour Law Management Consulting.
View ArticleEasier To Take Errant Arbitrators To Task
The CCMA’s policy guidelines for misconduct dismissal arbitrations increases the obligation on commissioners to conduct themselves properly when arbitrating such matters. These guidelines backed up by...
View ArticleCovid-19 And The Law Of Retrenchments
It is understandable that business owners feel panicky because of the toll Corona is taking on business income. However, most businesses realise that if they implement wholesale retrenchments, they...
View ArticleCorona Complicates Disciplinary Hearings
Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to...
View ArticleUsing Labour Brokers and Temp Agencies Not Always Kosher
Employers use alternative and temporary labour sources for numerous reasons including: Permanent employees are away on annual leave, sick leave, maternity leave or other leave and the remaining staff...
View ArticleIllegal Workers Are Protected
Lack of awareness of Constitutional and labour law protections of employees from foreign countries has prompted many employers to mistreat illegally employed staff. That is, employers have paid illegal...
View ArticleTen Million Reasons to Get Popi Compliant Now
South Africa’s Constitution gives every person the right to privacy and requires that legislation be promulgated to implement this right. As a result, the Protection of Personal Information Act of 2013...
View ArticleDirty Hands Will Be Caned at CCMA
In common law, employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the...
View ArticleDISCIPLINARY HEARINGS MUST BE HONEST
Illegal entrapment occurs when the employer unduly induces an employee to break a rule as opposed merely to providing an opportunity for the employee to break that rule. I have mentioned in previous...
View ArticleWORKPLACE CONFLICT ADDS TO COVID WOES
The Covid-19 era makes it essential that employers and employees work together to keep the company alive. Therefore, in the age of Corona, workplace rebellion can be the last nail in the coffin. The...
View ArticleUNFAIR SUSPENSIONS CAN BE PUNISHED
While a suspension is not the same as a dismissal it is still regulated by law. Dismissal is a permanent termination of the person’s employment, suspension is merely a temporary halt on the employee’s...
View ArticleDON’T CANCEL EMPLOYMENT CONTRACTS UNILATERALLY
The protection of employees reaches even beyond the actual consummation of the employment contract. That is, the courts have found that the employee is protected by labour law from the moment the...
View ArticleBIAS OF PRESIDING OFFICERS MUST BE PROVEN
South African labour law requires employers to afford employees numerous procedural rights before being dismissed for misconduct or poor performance. This includes the right to: prepare for the hearing...
View ArticleDISMISSAL NOT ALWAYS APPROPRIATE FOR FALSIFICATION OF CREDENTIALS
Employers too often fail to ensure that the qualifications submitted by job candidates are genuine. Common law entitles employers to know all facts about a prospective employee that are relevant to a...
View ArticleSEXUAL RELATIONSHIPS AT THE WORKPLACE CAUSE CONFLICT
The Employment Equity Act (EEA) prohibits sexual harassment of employees by other employees and holds the employer liable in such cases even if the employer does not know that the sexual harassment is...
View ArticleTRANSFER FROM ONE CONTRACTOR TO ANOTHER
Conflicting court decisions’ ongoing concerns mean that we don’t know if we are coming or going Section 197 of the Labour Relations Act (LRA) comes into effect where an undertaking (or part thereof or...
View ArticleIS THE LABOUR LAW REASONABLE?
The concept of reasonableness has a strong subjective element. For instance, a salary increase of 50 % might seem reasonable to me if I have been earning a lot less than my colleagues. However, if my...
View ArticleCAN YOU FORCE YOUR EMPLOYEES TO BE VACCINATED AGAINST COVID?
Twenty-twenty was a year of terror at workplaces because of the physical and financial dangers posed by Covid–19. Due to the fact that the roll out of the vaccine will be slow we can expect 2021 to be...
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