Few workplace situations are as common as an employee not reporting for duty because they are ill. The legal position becomes more complicated, however, when the employee has a legitimate reason for absence but fails to follow the employer’s notification requirements. For some time, failure to inform an employer of an absence could appear to [...]
Employment contracts often include clauses aimed at protecting employers when employees resign without notice, including provisions to withhold certain payments. However, these clauses do not operate in isolation from the Basic Conditions of Employment Act (BCEA). This infographic explores the limits of contractual freedom in employment relationships and clarifies when statutory obligations override contractual terms. [...]
Many businesses operate without real clarity on whether they fall under a specific Bargaining Council, often only becoming aware when compliance action begins. Demarcation disputes provide a formal legal mechanism to determine jurisdiction and sector applicability. This infographic explains what demarcation is, how the process works, and why it can significantly impact an employer’s obligations [...]
A service provider receives an uncomfortable instruction from one of its clients: “We no longer want this employee on our premises.” The reason may be alleged misconduct, poor performance, a breakdown in the relationship, or simply that the client no longer wants to work with that particular employee. From a commercial perspective, the employer’s dilemma [...]
Most employers encounter labour law at the point where it reaches the workplace. A new provision is published. A collective agreement changes. A statutory amendment comes into effect. A new policy affects employment practices. Suddenly, employers are expected to understand the change, implement it correctly and ensure that their businesses remain compliant. But there is [...]
Many employees believe that untaken annual leave automatically accumulates and will result in a substantial payout when employment ends. However, the BCEA takes a different approach. This infographic explores how annual leave accrues, when it must be taken, and what the Labour Court has confirmed about forfeited leave and leave pay upon termination of employment. [...]
The Legal Framework The phrase “equal pay for equal value” has echoed across South Africa for many years. From industrial action and workplace debates to boardroom discussions, employees naturally compare their remuneration with that of their colleagues. Where significant differences emerge, questions may arise as to whether those differences are justified or whether they amount [...]
When retrenchment becomes unavoidable, selecting employees for dismissal is one of the most scrutinised aspects of the process. While LIFO is widely understood, bumping remains a less familiar but important consideration. This infographic explores the difference between horizontal and vertical bumping and what employers need to know to ensure a fair and legally defensible process. [...]
Alyssa Rajagopal’s favourite film has a title that could almost have been borrowed from her own outlook on life. Kabhi Khushi Kabhie Gham means “Sometimes Happiness, Sometimes Sorrow”, and somewhere between those two poles sits a young woman who has decided that whichever season arrives, she intends to keep moving forward with a big heart, [...]
Disputes concerning deductions from employee remuneration are relatively common in the workplace. Employers may, for example, suffer financial losses due to employee negligence, unauthorised absences, overpayments, damage to company property, or other forms of misconduct. It may therefore appear logical that an employer should simply recover the amount owed by deducting it from the employee’s [...]