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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
A peak behind the curtains of the credibility of witness testimony
In a perfect world, the law would always resonate with the person who abides by it, who is right and just, and who speaks the truth. However, the harsh reality of any legal dispute, whether in criminal or labour law, is that It's not always about the principle of who is wrong and who is [...]
But I worked two Sundays this month – I haven’t been paid correctly!
Even with the quick progression of technology and better record-keeping systems when it comes to employee hours and work done, there nonetheless still exists numerous disputes that arise as a consequence of overtime and Sunday hours worked by an employee. As a general rule, the ordinary hours worked and any overtime or Sunday hours worked [...]