Let’s Agree to Disagree
For an employer, addressing issues of clashing personalities within the workplace is a problem probably as old as time itself. The unfortunate reality is that sometimes people who work together simply don’t get along, and [...]
From Pension to Penalty: Employers Seeking Damages for Employee Misconduct
The Basic Conditions of Employment Act (BCEA) regulates deductions against the benefits of the employee in accordance with provisions set out in Section 34 of the Act. The BCEA specifically addresses deductions in respect of [...]
Discretion Versus Discrimination
The recruitment and selection processes are critical operational aspects of any organisation. Although employers generally have complete discretion in determining whom to appoint for a respective position, there are exceptions to how this discretion can [...]
Mind the Gap: Labour Court Rules on Mental Health and Misconduct in the Workplace
As a result of the Covid-19 pandemic and other factors, many employees struggle with physical and mental illness. In the more recent case of Pahlanga vs The Petroleum Oil and Gas Corporation of South Africa [...]
Confronting Workplace Bullying
Workplace bullying is a silent epidemic that erodes employee morale and mental health. The High Court's recent decision in Tilana Alida Louw vs Jan Mattheus Christiaan Fourie N.O. and Netcare Universitas Hospital brings this issue [...]
Lessons from Legal Precedent: Fraudulent Medical Certificates
Employers in South Africa have long faced challenges related to the misuse of sick leave and fraudulent activities related to the acquisition of sick leave certificates. A recent case, Woolworths (Pty) Ltd vs Commission for [...]
The Limits of Trade Union Representation
The recent Constitutional Court judgment of AFGRI Animal Feeds v. NUMSA & Others (CCT 188/22) has pivotal implications for employers. This landmark ruling, alongside the established precedents in the Lufil Packaging (Isithebe) (A division of Bidvest [...]
An Arrested Employee Is Not a Get Out of Jail Free Card for the Employers
Many employers believe that the employment relationship automatically ends if one of their employees is arrested or imprisoned. This assumption is based on the employee’s unavailability to return to work, and, more importantly, the trust [...]
To Bump or Not to Bump
Due to our prevalent economic challenges, the topic of retrenchment has become a regular discussion topic in South Africa. It is more significant for employers to thoroughly understand the retrenchment process and the options available [...]
How “Immediate” Can a Resignation Without Notice Be
The legalities behind resignations and notice periods have been a source of confusion for employers. Often, employers are unsure whether the Basic Conditions of Employment Act 75 of 1997 (BCEA) takes precedence over the explicit [...]
Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers
The Labour Court of South Africa recently delivered an interesting judgment on 29 April 2024, in the case of SACCAWU obo Dlamini v Commission for Conciliation, Mediation and Arbitration and Others (JR2281/21) [2024] ZALCJHB 180 [...]
Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay
The Prescription Act 68 of 1969 safeguards employers against the indefinite pursuit of severance pay claims. This legislation sets a definitive time limit within which claims must be initiated, thus providing employers with certainty and [...]
The Importance of Employer Registration with Bargaining Councils
In South Africa, labour relations are intricately shaped by the presence and influence of bargaining councils. These councils are pivotal in specific industries, ensuring fair and standardised conditions of employment. For employers operating within such [...]
Are employers permitted to scrutinise a prospective employee’s criminal and credit history?
During the recruitment process, it is common practice for many employers to ask prospective employees questions about their criminal and credit records. The purpose, in general, is to ascertain the candidate's suitability for the position. [...]
The ABC’s of TES: Understanding the Deeming Provision
Employers often use service providers to perform certain functions or duties within a workplace, which the employer may not be able to do or perform itself. As per South African legislation, these providers are generally [...]
Clearing the Haze: The Labour Appeal Court’s Judgment on Cannabis in the Workplace
The recent Labour Appeal Court (LAC) decision in the case of Bernadette Enever vs Barloworld Equipment South Africa, a division of Barloworld South Africa (Pty) Ltd (JA86/22) [2024] LAC has sparked widespread debate within the [...]
What can you do if one of your employees refuses to testify at an arbitration or disciplinary hearing?
Employers might face situations where witnesses necessary for an arbitration or disciplinary hearing are unavailable because they have left the company or moved abroad. However, what should employers do if a current employee, who is [...]
Does a Medical Certificate from a Traditional Healer Comply with Section 23(2) of the Basic Conditions of Employment Act (BCEA)?
In essence, Section 23(2) of the BCEA sets out that the medical certificate must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients and [...]