Articles

Condonation may restore CCMA case

Most working people are aware that in the event of an employment-related dispute, various forums such as the CCMA, bargaining councils and the Labour Court can be approached for assistance....

Is promotion at work a right?

Does an employee have a legitimate expectation to a promotion?...

Claiming for staff injury or death

Court ruling answers a critical questions relating to employees of labour brokers...

Incapacity!

Incapacity is the failure or inability of an employee to work according to the required standard of the job; it encompasses poor work performance....

Know your rights at work

Section 23 of our Constitution provides that everyone has the right to fair labour practices....

Take a break – you’ve earned it

Among the important provisions of the Basic Conditions of Employment Act is the granting of annual leave on full remuneration. ...

Workers or their dependants may claim for accidents or death

When an employee is injured or killed during the course of their employment, they or their dependants may claim compensation within 12 months of the accident or date of death from the workmen's compensation commissioner....

Law protects pregnant workers’ health

Basic standards for the safety and health of pregnant employees are set out in section 26 of the Basic Conditions of Employment Act of 1997 sets....

How law protects leave pay

The Basic Conditions of Employment Act 75 of 1997 is designed to establish minimum terms and conditions of employment for employees. ...

When resignation becomes dismissal

It is generally accepted that when an employee hands in a letter of resignation, that letter brings the employment relationship to an end and the employee has no further claim against the employer. ...

You have a right to fair labour practices

Section 186(2) of the Labour Relations Act defines an unfair labour practice as an unfair act or omission that arises between an employer and an employee....

Retrenchment – the duty to consult

The current economic climate has resulted in many retrenchments worldwide and South African employers are now asking questions about their obligations to employees in a retrenchment process....

Constructive dismissal

It is generally accepted that when an employee submits a letter of resignation, that letter brings the employment relationship to an end and the employee has no further claim against the employer. ...

Key role of the disciplinary chair

Labour court rules on whether an employer can overturn the sanction imposed by a disciplinary inquiry...

Probation must be done reasonably

Very often people are employed on probation for an agreed period of time subject to their employment being confirmed or discontinued due to unsatisfactory performance. This is regulated by item 8 of schedule 8 of the Labour Relations Act 66 of 1995....

CCMA conciliations

When an employee refers an unfair dismissal or unfair labour practice dispute to the CCMA, the CCMA is required to appoint a commissioner to firstly attempt to resolve the dispute through conciliation....

Act swiftly on office impropriety issues

Sexual harassment is defined as unwanted conduct of a sexual nature. SA’s labour law places a duty on employers to ensure that complaints of sexual harassment are properly dealt with....

Be careful what powers you accord a disciplinary hearing

An employee pleads guilty to committing fraud amounting to hundreds of thousands of rands. The chairperson of the disciplinary inquiry decides to impose a sanction of a final written warning....

Bosses cannot discriminate against workers

The Constitution of the Republic of South Africa guarantees the right of an employee not to be subjected to unfair discrimination....

To join or not to join?

The Supreme Court of Appeal recently, in the unreported judgment of Gordon v Department of Health (unreported case no 2007/337, 17-9-2008) had opportunity to again deal with the principles relating to joinder....

Mind if I bring in my lawyer?

In labour law legal representation is not permitted in arbitration proceedings where a party is dismissed for misconduct and incapacity....

Steps to take when you are suspended from work

An employee may be suspended from his work pending a disciplinary hearing or as a form of sanction. ...

Employer has duty to act against sexual harassment

Sexual harassment is defined as unwanted conduct of a sexual nature. Our labour legislation places a duty on employers to ensure that complaints of sexual harassment are properly dealt with....

Emails: How private is private?

Many employers today would for various reasons like to monitor their employees’ emails and internet use....

Employee must disclose past misconduct

Is there a duty on a prospective employee to disclose misconduct which he or she has committed or is suspected of having committed, if not specifically asked during an interview for employment?...

Legal right to pregnancy

Section 26 of the Basic Conditions of Employment Act 75 of 1997 sets basic standards for the safety and health of pregnant employees....

Employers must guard against constructive dismissal claims

It is generally accepted that, when an employee submits a letter of resignation, the letter brings the employment relationship to an end and the employee has no further claim against the employer....

Employers must discuss retrenchments with workers

The current economic climate has resulted in many retrenchments worldwide and employees are now asking questions about employers’ obligations to employees in a retrenchment process....

Pitfalls in dismissal procedure

The credit crisis has forced a number of South African employers to reorganise their businesses and this will no doubt continue next year....

Retrenchments are a process, not a decision

The present economic climate has resulted in many retrenchments worldwide and South African employers are now questioning their obligations to employees in a retrenchment process....

Breach of notice period – Employers hit back

There are various reasons why employees fail to give notice to employers on termination. ...

Demotion of worker must be procedural

The Labour Relations Act makes provision for the demotion of an employee in the right circumstances....

CCMA is there to resolve conflict in the workplace

Only certain unfair acts or omissions on the part of an employer constitute an "unfair labour practice”. ...

Does double jeopardy apply to labour cases?

It is the prerogative of an employer to discipline its employees. An employee who has been charged with misconduct or poor performance is entitled to be given the opportunity to be heard before he can be sanctioned....

Previous misconduct is a fireable offence

Is there a duty on a prospective employee to disclose misconduct which he or she has committed or is suspected of having committed, if not specifically asked during an interview for employment...

Executive suspensions - What are the rules?

A company may be faced with a situation where it has to suspend a member of its executive management pending an investigation into allegations of serious misconduct or the holding of a disciplinary enquiry....