A common misconception still exists among employers regarding the use of probation clauses in a contract of employment relating to dismissals and termination of contracts. Probation is a specific period an employee is employed before confirming permanent employment, the purpose of which is to establish whether the employee meets specific criteria and is suitable [...]
The above statement has, without a doubt, been heard many times in a CCMA or Bargaining Council dispute resolution boardroom. Surely an employment contract is essential? It will make the relationship official, won’t it? In South Africa, there is no legal requirement for an Employer and Employee to enter into a formal employment contract. [...]
It is well established in labour law that the termination of an employee’s contract does not amount to a dismissal in terms of The Labour Relations Act. However, there are certain instances where the termination of an employees’ contract may result in a dismissal, more specifically, the use of automatic termination clauses. Automatic termination [...]
The Covid-19 pandemic is a “force majeure”. Dictionary.com describes “force majeure” as unforeseeable circumstances that prevent someone from fulfilling a contract. Generally, employment contracts do not contain clauses that regulate circumstances should such a rare occurrence happen. In the event that such an occurrence presents itself, employer and employee usually revert to the common [...]
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 [...]