Gone Without a Word: How Employers Should Handle Unauthorised Absences
Few workplace disruptions frustrate employers more than an employee who simply does not show up for duty, particularly when the absence is uncommunicated and unauthorised. These situations are not only inconvenient but also raise important [...]
Employer Responsibilities for Uniforms & Protective Clothing
In the employment context, distinguishing between uniforms and protective clothing is critical, particularly regarding who bears the cost. A recent CCMA arbitration, involving a large chain retailer, highlights the key legal principles employers must be [...]
Broken Trust
The trust relationship in the context of an employment relationship between an employer and employee is derived through the Common Law of Contract and the fiduciary duty between the parties. Where the conduct of the [...]
Lessons from Legal Precedents: When Duty Sleeps
The Labour Court in Clicks Retailers (Pty) Ltd v Madikwe and Others (JR 1924/19) [2023] ZALCJHB 67 (14 March 2023) defines dereliction of duty as a misconduct in which an “employee willfully, wantonly or negligently [...]
A Modern Approach to Conducting Effective Interviews
The modern workplace has undoubtedly and significantly evolved in recent years and so have the corresponding recruitment processes and practices to align with contemporary needs. Despite this continuous development and evolution, one aspect of the [...]
When to Hang Up the Gloves
Retirement has traditionally been viewed as a well-earned break from the daily demands of work; however, delaying retirement can lead to significant legal and financial consequences. This is evident in the recent Constitutional Court case, [...]
The Truth About “Employee Engagement”
Employee engagement isn’t just a buzzword; it’s the heartbeat of a thriving workplace. Yet, despite countless initiatives and mandatory engagement, many businesses still struggle to keep employees motivated and fulfilled. Why? Because engagement isn’t about [...]
Clocked In but Zoned Out
For most employers, workplace misconduct is easy to identify - fraud, theft, gross insubordination, etc. But what about an employee who spends hours scrolling through social media, taking extended smoke breaks, or running personal errands [...]
Reviewing the Prospects of Review
When finding your way through the often-intricate maze of labour disputes, arbitration awards can sometimes leave one or both parties feeling dissatisfied. In some cases, the decision rendered by the commissioner might be perceived as [...]
How Much Is Too Much
Employers often grapple with resignations given with too little notice or, more dramatically, resignations effective immediately. Less commonly discussed, however, is the situation when an employee tenders a resignation with more notice than required by [...]
On the Rocks: Alcohol Related Misconduct Versus Addiction in the Workplace
Employers in South Africa encounter a significant uphill battle when it comes to alcohol related offences in the workplace. From being required to prove breathalyser calibration information and stringent testing methods to observation reports. Employers [...]
Fishy Business
Resignation or Dismissal? The question of whether an employee resigned or was dismissed is a frequent point of contention at the CCMA. In many cases, the employee insists they were dismissed, while the employer maintains [...]
The Anticipated Changes to Schedule 8 of the Code of Good Practice
The Minister of Employment and Labour recently issued a Notice in the Government Gazette providing a Draft of the Code of Good Practice (hereinafter referred to as "the Draft"). The Draft proposes specific amendments to [...]
Unwritten, But Not Unknown
As the new year firmly gets into its stride and businesses seek to gain traction and momentum following the vacation period, the focus from employers at this time of the year usually leans towards planning [...]
CEO Academy – What in the Workplace is That?
You must have heard of “CEO” as in the Consolidated Employers Organisation – “The Voice of Employers™.” If not, I’ll just casually mention that CEO is the biggest Employer Organisation in South Africa, boasting an [...]
An Affirmation of Alternative Dispute Resolution
The preamble of the Labour Relations Act 66 of 1995 (LRA) boldly stipulates that the LRA was promulgated to “change the law governing labour relations and for that purpose to provide simple procedures for the [...]
Off the Clock, But on the Line
In our increasingly connected world, an employee’s actions outside working hours can quickly affect the workplace. Off-duty misconduct presents a complex challenge for employers, requiring a careful balance between respecting employees’ right to privacy and [...]
A Warming World, A Chilling Job Market: Is South Africa’s Labour Force at Risk?
The impact of global warming on South Africa's labour force is a complex issue with both challenges and opportunities. However, the immediate and most significant consequences are predominantly negative, particularly for the agricultural sector, which [...]