Few workplace situations are as common as an employee not reporting for duty because they are ill. The legal position becomes more complicated, however, when the employee has a legitimate reason for absence but fails to follow the employer’s notification requirements. For some time, failure to inform an employer of an absence could appear to [...]
Most employers encounter labour law at the point where it reaches the workplace. A new provision is published. A collective agreement changes. A statutory amendment comes into effect. A new policy affects employment practices. Suddenly, employers are expected to understand the change, implement it correctly and ensure that their businesses remain compliant. But there is [...]
The Legal Framework The phrase “equal pay for equal value” has echoed across South Africa for many years. From industrial action and workplace debates to boardroom discussions, employees naturally compare their remuneration with that of their colleagues. Where significant differences emerge, questions may arise as to whether those differences are justified or whether they amount [...]
Disputes concerning deductions from employee remuneration are relatively common in the workplace. Employers may, for example, suffer financial losses due to employee negligence, unauthorised absences, overpayments, damage to company property, or other forms of misconduct. It may therefore appear logical that an employer should simply recover the amount owed by deducting it from the employee’s [...]
As another year draws to a close, employers are often focused on meeting financial targets, achieving operational objectives, and preparing their businesses for the opportunities and challenges that lie ahead. While these priorities are undoubtedly important, employers should not lose sight of one of their most valuable business assets: their employees. The final months of [...]
The world of work did not simply change in 2020; it accelerated. Almost overnight, organisations across the globe entered one of the largest workplace experiments in modern history. Offices emptied, dining room tables became workstations, and video conferencing replaced traditional boardroom interactions. Workplace changes that many believed would take decades unfolded within a matter of [...]
Compliance and enforcement remain among the most common challenges experienced by employers operating within bargaining council environments. For many businesses, receiving a compliance order immediately creates anxiety, particularly where there are concerns about penalties, backpay, legal costs or possible enforcement action. These concerns are understandable. However, employers should recognise that receiving a compliance order does [...]
One of the hardest lessons employers learn about labour disputes is that being right does not always mean winning. Many employers arrive at arbitration convinced that justice will prevail because misconduct clearly occurred, the employee admitted wrongdoing, or the workplace rule was obvious. Yet arbitration awards do not always reflect those expectations. This is not [...]
A mutual separation agreement allows an employer and employee to end the employment relationship by mutual consent rather than through dismissal or resignation. These agreements are often used where the employment relationship has irretrievably broken down, and both parties wish to separate on agreed terms. While they can provide an efficient and amicable resolution, mutual [...]
South Africa's labour market remains under significant strain, with unemployment levels among the highest globally and economic growth remaining sluggish. In this environment, employment practices have increasingly come under public scrutiny, particularly regarding the employment of foreign nationals. While employing foreign nationals remains lawful, employers must comply with strict immigration and labour legislation. As public [...]