Employers often grapple with resignations given with too little notice or, more dramatically, resignations effective immediately. Less commonly discussed, however, is the situation when an employee tenders a resignation with more notice than required by either the employment contract or the Basic Conditions of Employment Act (BCEA). How should an employer handle an “excessive” notice [...]
Employers in South Africa encounter a significant uphill battle when it comes to alcohol related offences in the workplace. From being required to prove breathalyser calibration information and stringent testing methods to observation reports. Employers face further difficulty as they are not allowed to openly and blatantly ask their employees if they have an alcohol [...]
The Minister of Employment and Labour recently issued a Notice in the Government Gazette providing a Draft of the Code of Good Practice (hereinafter referred to as "the Draft"). The Draft proposes specific amendments to Schedule 8 relating to dismissals, which may lessen stringent procedural expectations, simplify disciplinary procedures, facilitate dispute resolution, and holistically consider [...]
As the new year firmly gets into its stride and businesses seek to gain traction and momentum following the vacation period, the focus from employers at this time of the year usually leans towards planning and aligning employees towards the goals and vision of the organisation. While this is all good and well and most [...]
You must have heard of “CEO” as in the Consolidated Employers Organisation – “The Voice of Employers™.” If not, I’ll just casually mention that CEO is the biggest Employer Organisation in South Africa, boasting an astounding 19 176 active members, and growing. Damn, that’s a lot of employers and businesses, right? How about the 9 [...]
The preamble of the Labour Relations Act 66 of 1995 (LRA) boldly stipulates that the LRA was promulgated to “change the law governing labour relations and for that purpose to provide simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration.” In straightforward terms, “the purpose of the LRA is to [...]
In our increasingly connected world, an employee’s actions outside working hours can quickly affect the workplace. Off-duty misconduct presents a complex challenge for employers, requiring a careful balance between respecting employees’ right to privacy and protecting legitimate business interests. The question is: “When does off-duty behaviour become serious enough to justify dismissal?” South African labour [...]
The impact of global warming on South Africa's labour force is a complex issue with both challenges and opportunities. However, the immediate and most significant consequences are predominantly negative, particularly for the agricultural sector, which is one of the sectors that contribute immensely to the South African economy. As reported by reputable sources such as [...]
Representatives in the CCMA and relevant bargaining councils often raise various issues before a Commissioner, such as postponement requests, decisions on legal representation, or jurisdictional matters. When a Commissioner makes a decision on these issues, representatives need to understand the reasoning behind it to properly advise their members or explore alternative options such as taking [...]
The pressures of business in a struggling economy result in a vast amount of time dedicated to enhancing business or even staying afloat. To add to the woes of struggling businesses, employers are also obliged to ensure that misconduct is treated in terms of prevailing Labour legislation. Regardless of the misconduct committed, the basic principles [...]