Labour Law Insights

Blog2022-11-25T09:08:12+02:00

An employer appointed an employee with a fake degree; what now?

Specific job requirements demand that the candidate possess a particular degree or qualification. What can an employer then do if it is discovered, after the appointment, that the qualification is fake or has been forged by the employee? Before answering this question, students and job seekers should be aware of the new National Qualifications Framework [...]

February 7th, 2023|General|

What statutory monies does an employer owe an employee upon dismissal?

There is a common misconception that when an employee is dismissed due to misconduct, the employee has no entitlement to any statutory monies. This misconception, however, needs to be corrected. Section 73A(1) of the Labour Relations Act (LRA) determines that: “Despite Section 77, any employee or worker, as defined in Section 1 of the National [...]

February 6th, 2023|General|

Keeping tabs: The importance of proper record keeping in business

The requirement for record-keeping arises from the Basic Conditions of Employment Act (BCEA), wherein Section 29, read with Section 31, provides that an employer must keep a record of the terms and conditions of employment for each employee. The Act further provides that employers must record the working hours of all employees in an attendance [...]

January 30th, 2023|General|

Employers who fail to address internal grievances

Most employers are unfamiliar with how to conduct internal grievances lodged by their employees. It needs to be highlighted that the Constitution of the Republic of South Africa, in conjunction with the Labour Relation Act, state that everyone has the right to fair Labour Practices within the workplace. Grievances normally relate to one or more [...]

January 30th, 2023|General|

Shining a light on employee moonlighting

Employees are contractually obliged to render their services to their employer during the agreed-upon working hours as captured in the employment contract. The employee, in return, is free to pursue their commercial interests outside the agreed-upon working hours. One crucial consideration to bear in mind, however, is the employee's implied duty to serve the employer [...]

January 24th, 2023|General|

Risk of a verbal dismissal and the denial thereof

Some employees and employers who are not affiliated with any labour consultancy, employer organisation or trade union may need to be better informed about the steps or processes that need to be followed when one of the parties wants to terminate the employment relationship. In some cases, employers may find themselves in situations where employees [...]

January 23rd, 2023|Dismissal|

Sexual harassment by an employee of a service provider – does the CCMA have jurisdiction to hear the dispute?

The EEA requires employers to take reasonable steps to prevent and respond to sexual harassment within the workplace. The Commission for Conciliation, Mediation and Arbitration (CCMA) has jurisdiction over complaints related to sexual harassment in the workplace. When an employee believes that they have been subjected to sexual harassment, they can refer their complaint to [...]

January 18th, 2023|General|

It’s all about the procedure followed – How failing to follow the correct procedure prior to dismissal may land an employer in hot water

A situation that many a naïve employer has sat with at the Commission for Conciliation, Mediation and Arbitration (CCMA) or another relevant forum, is that of being confronted by a situation whereby they have dismissed an employee for legitimate and serious misconduct. Yet, they are informed by the relevant forum that they need to consider [...]

January 12th, 2023|Dismissal|
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