In the context of incapacity, the concept of probation is often incorrectly interpreted by employers who believe that they are within their right to simply terminate the employment contract after an unsuccessful probation period. This misunderstanding of what an employer’s responsibilities entail towards a probationary employee may often lead to costly consequences at the CCMA. [...]
Is an employer bound by a settlement agreement concluded after the employees have been transferred to the new employer? This is the question that the Labour Appeal Court had to answer in the matter between Fleet Africa (Pty) Ltd v Nijs [2017] 5 BLLR 450 (LAC). When the old employer (Fleet Africa) lost two [...]
I am sure that many employers, HR representatives, labour consultants and employers organisations' in South Africa have read or heard these words in a referral or at a CCMA/Bargaining Council sitting. This is a very common request by employees whose services have been terminated and even more so after the amendment of the LRA [...]
Traditionally, the view is followed that, in the mentioned instance, such a fixed-term contract will automatically evolve into a permanent contract of employment. The Labour Appeal Court (LAC) did, however, follow a different route in the recent case of Ukweza Holdings (Pty) Ltd v Nyondo and Others (LAC). The respondent was employed on a [...]
The Protection of Personal Information Act (POPI Act) aims to protect an individual’s right to privacy regarding their personal information which may have been collected by a third party during the course of business. The purpose of this legislation is to formalise the manner in which companies store, collect and access private information in order [...]
In the Twelfth Edition of Workplace Law, John Grogan writes that Section 186(1)(a) reflects what the common law understands as a dismissal – the repudiation of the contract by the employer, or the employer’s acceptance of the employee’s repudiation. It is important to grasp the difference between the termination of an employment relationship under [...]
In recent times there have been many amendments to our labour laws regarding fixed-term contracts and temporary employment services. Employers can fix an employee’s employment period by stating that the individual is employed for a specific period of time or for a specific project. Should an employer require the fixed-term employee to work for [...]
Business owners and managers, who comprise the ‘employer’ component of any workplace are often in the best position to make decisions to suit the profitability of the enterprise concerned. Employers may want to change business operations regularly to ensure growth and sustainability. In practice, organisational change goes against the grain of the terms and conditions [...]
Employers often find themselves in situations at the CCMA or a Bargaining Council where an applicant or a union alleges that a certain transgression made by an employee, was not stipulated in their contract of employment. This issue is usually raised when an applicant alleges that a specific duty, does not form part of [...]
An employer is often faced with a situation where an ex-employee shows up at the workplace to come and collect his/her “Blue Card”, a terminology used in relation to an UI-19 form. Your HR department, would have already notified the Department of Labour that you have stopped making any further contributions for this specific citizen, [...]