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 [...]

They are not an Employee of mine

There is a clear distinction between an Employee and an Independent Contractor, as each has its distinguishable characteristics. There are, however, many instances where an independent contract may be disguised as an employment contract and [...]

A Letter to All our Valued Members

2022 has been a year of rebuilding and new outlooks. South African businesses have been faced with a new type of business world and had to adapt not only in the way business is done [...]

The conversation, after a warning

The workplace is regulated by a set of rules and directives that guide the efficiency of the business and the stability of the employer-employee relationship. Often, when an employee has stepped out of line either [...]

Blink, and you miss it

With the speed of the blink of an eye, here we are – in a New Year with a new set of challenges, dreams and objectives! Undoubtedly we are all unsure of what 2023 has [...]

A final written warning with an obligation

In the matter of Paarl Coldset (Pty) Ltd v Singh (DA1/2021) [2022] ZALCD 8, Mr. Singh (Respondent), a shift manager of Paarl Coldset (Applicant), a printing business, was dismissed after an altercation with an employee [...]

I can’t take this anymore; I’m out of here!!

Our previous article, "So, are you staying or going?", discussed the factors to consider when evaluating whether an employee resigns without confirming their intention in writing. The courts have held that the employee must prove [...]

So, are you staying or going?

A contract of employment can end at the employer’s instance, in the form of a dismissal, or by the employee in the form of a resignation. Although a written resignation is preferred, sometimes the employee [...]

What do you want from me?

It often happens when a matter is referred to the CCMA that specific issues in dispute are due to miscommunication or misinterpretation between the parties. This can be easily avoided by giving new employees proper [...]

Don’t cover your tracks with dishonesty

The Labour Appeal Court in South African Society of Bank Officials (SASBO) and Another v The Standard Bank Of South Africa Limited and Others JA32/2021 had to decide whether the Labour Court correctly set aside [...]

Casual Worker or Permanent Employee?

The word “casual” is not defined by the Basic Conditions of Employment Act. The word employee is, however, defined as follows: “Any person, excluding an independent contractor, who works for another person, or the state, [...]

CEO Compilation – Issue 7

Now that we have concluded the standard processes of the CCMA, both informal and formal, both voluntary and statutory, we will be looking at what comes after the CCMA process has been completed and then, [...]

Practical guidelines: The Review Application

Once an arbitration hearing has been finalised at the Commission for Conciliation, Mediation and Arbitration (CCMA) or relevant Bargaining Council, the Commissioner will issue an arbitration award. The arbitration award will set out the Commissioners [...]

Probationary dismissals

The Code of Good Practice: Dismissals (schedule 8 of the “LRA”) makes specific provision for the employment of a new employee to be subject to a reasonable probation period, to allow the employer an opportunity [...]

Let’s just move on!

Most contracts of employment have a restraint of trade clause in them. The clause usually states that the employee is restricted from performing certain work within a certain industry for a certain period. The purpose [...]

Where do your interests truly lie?

The employer and the employee have a mutually beneficial relationship, one in which the employee undertakes to provide services, expertise and skills in the interest of their employer in return for remuneration. The question that [...]

Time to Stop and Smell the Roses

Unfortunately, not all employees can work for their entire lifetime. People naturally grow old, and soon they might be unable to perform tasks they once did with ease. Employees usually look forward to a time [...]

Probation: The Do’s and Don’ts

Employees are one of the most valuable assets in a company, especially having the right employees. Therefore, employers often need to "try out" the employees to see if they have the necessary skills and will [...]

The “Company” you keep

A workplace is an environment wherein an individual should thrive. There are, however, incidences which are pitfalls in employment. This article explores these potential pitfalls during employment, such as, incorrect application of probation clauses, failing [...]

Oh, my deduction!

The Basic Conditions of Employment Act seeks to provide protection of an employment relationship and give effect and regulate labour practices for it to be fair. Section 34 deals with deductions and other acts concerning [...]