What is a Demarcation Dispute?

While the topic of demarcation disputes can sometimes seem as if they are shrouded as an enigma and can be rather technical in nature, the purpose of this article is to provide a concise and practical understanding of demarcation disputes as well as how an employer goes about referring a demarcation dispute. The CCMA defines [...]

2022-07-04T10:02:57+02:00July 4th, 2022|General|0 Comments

“That’s not what we agreed on,” Retrenchments and alternative employment

It is well known in South African Law that dismissals regarding operational requirements or retrenchments should be carried out as a last resort. Employers should always try to seek alternative measures in order to avoid retrenchments. In the case of Reeflords Property Development PTY LTD v Lauren Almeida (2022) 6 BLLR 530(LAC), the Labour Appeal [...]

2022-06-29T12:23:33+02:00June 29th, 2022|General|0 Comments

What form of discipline should I follow when an employee commits an offence?

Disciplinary action can be taken against employees that have committed a form of misconduct. There are different forms of discipline, the form that will justify the offence depends on the seriousness of the offence and whether the employee has breached the particular rule before. The following forms of discipline can be used (in order of [...]

2022-06-22T10:10:32+02:00June 22nd, 2022|General|2 Comments

Calculation of an employee’s remuneration

The South African Revenue Service defines remuneration as any amount of income which is paid or is payable to any person by way of any salary, leave pay, wage, overtime pay, bonus, gratuity, commission, fee, emolument, pension, superannuation allowance, retiring allowance or stipend, whether in cash or otherwise and whether or not in respect of [...]

2022-06-21T15:27:00+02:00June 21st, 2022|General|Comments Off on Calculation of an employee’s remuneration

What does a Compensation Award mean?

In circumstances where conciliation is not possible in a dispute, and the aggrieved party wishes to proceed further with their matter, they may do so by requesting the matter to be set down for arbitration. Once the arbitration process commences, an arbitrator has two primary options after evaluating the evidence placed before them: do they [...]

2022-06-20T11:48:30+02:00June 20th, 2022|General|Comments Off on What does a Compensation Award mean?

The Impact of Misconduct on the Trust Relationship

The Labour Relations Act places the trust relationship between the employer and employee at the heart of the employment relationship. Therefore, it can be assumed that an act of misconduct would impact that trust relationship and render continued employment impossible. While that may seem like the logical basis for dismissal, employers are cautioned against making [...]

2022-06-14T10:55:16+02:00June 14th, 2022|Dismissal, General|Comments Off on The Impact of Misconduct on the Trust Relationship

Who’s responsible anyway? (Vicarious Liability)

When an employee commits wrongful conduct while doing his duties, the doctrine of vicarious liability kicks in. The courts have lately enlarged the definition of this term and have concluded that it includes activities closely related to the accomplishment of such obligations created by employment. In the absence of an exemption provision or agreement between [...]

2022-06-10T12:51:27+02:00June 10th, 2022|General|Comments Off on Who’s responsible anyway? (Vicarious Liability)

Is an employee’s refusal to vaccinate an operational requirement, or does it constitute incapacity?

The CCMA first determined whether an employer may dismiss an employee based on incapacity in the matter of Theresa Mulderij v Goldrush Group, GAJB 24054-21. The CCMA found the dismissal of an employee due to her permanent incapacity to be fair and upheld the company's dismissal. In this case, the employee was unvaccinated, and her [...]

2022-06-07T13:50:29+02:00June 7th, 2022|Dismissal, General|Comments Off on Is an employee’s refusal to vaccinate an operational requirement, or does it constitute incapacity?

The New Code of Good Practice: Harassment in the Workplace

A new Code of Good Practice on the Prevention and Elimination of Harassment, came into effect on 18 March 2022. The code, issued in terms of the Employment Equity Act (EEA), replaces the previous Code of Good Practice on handling Sexual Harassment cases in the workplace and gives a more detailed meaning to the prohibition [...]

2022-05-31T11:59:06+02:00May 31st, 2022|General|Comments Off on The New Code of Good Practice: Harassment in the Workplace

Keep all disciplinary records of your employees even after it has expired

Employers should have a disciplinary code and procedures in the workplace to ensure that each employee contributes effectively and efficiently to the best interest of the company or workplace. Most minor offences committed in the workplace will start with a verbal or written warning for the first offences, and thereafter progressive disciplinary action will apply [...]

2022-05-26T09:39:20+02:00May 26th, 2022|General|Comments Off on Keep all disciplinary records of your employees even after it has expired
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