There is a common misconception that when an employee is dismissed due to misconduct, the employee has no entitlement to any statutory monies. This misconception, however, needs to be corrected. Section 73A(1) of the Labour Relations Act (LRA) determines that: “Despite Section 77, any employee or worker, as defined in Section 1 of the National [...]
The requirement for record-keeping arises from the Basic Conditions of Employment Act (BCEA), wherein Section 29, read with Section 31, provides that an employer must keep a record of the terms and conditions of employment for each employee. The Act further provides that employers must record the working hours of all employees in an attendance [...]
Employees are contractually obliged to render their services to their employer during the agreed-upon working hours as captured in the employment contract. The employee, in return, is free to pursue their commercial interests outside the agreed-upon working hours. One crucial consideration to bear in mind, however, is the employee's implied duty to serve the employer [...]
The EEA requires employers to take reasonable steps to prevent and respond to sexual harassment within the workplace. The Commission for Conciliation, Mediation and Arbitration (CCMA) has jurisdiction over complaints related to sexual harassment in the workplace. When an employee believes that they have been subjected to sexual harassment, they can refer their complaint to [...]
Readers who frequent the Consolidated Employers’ Organisation (CEO) blog space will know by now that an employer must follow the necessary desertion procedures in cases where an employee does not report for duty. In Machaya v Bader SA (Pty) Ltd, a recent Commission for Conciliation, Mediation and Arbitration (CCMA) matter, the Applicant referred an unfair [...]
The workplace is regulated by a set of rules and directives that guide the efficiency of the business and the stability of the employer-employee relationship. Often, when an employee has stepped out of line either by act or omission, the employer may issue a warning. The very essence of a warning is to bring to [...]
The Guidelines on Misconduct proceedings, as published by the CCMA, set out the basic guidelines that employers must follow prior to dismissing an employee for misconduct. It states that where a workplace disciplinary procedure exists, a commissioner must have regard for that disciplinary procedure's existence and legal status. If there is no workplace procedure, the [...]
A contract of employment can end at the employer’s instance, in the form of a dismissal, or by the employee in the form of a resignation. Although a written resignation is preferred, sometimes the employee refuses to confirm their resignation in writing. Under these circumstances, determining whether the employee has resigned can create confusion for [...]
It often happens when a matter is referred to the CCMA that specific issues in dispute are due to miscommunication or misinterpretation between the parties. This can be easily avoided by giving new employees proper training in their duties and responsibilities. Though challenging at the time, never underestimate the importance of defining roles and responsibilities [...]
The Labour Appeal Court in South African Society of Bank Officials (SASBO) and Another v The Standard Bank Of South Africa Limited and Others JA32/2021 had to decide whether the Labour Court correctly set aside a CCMA award in favour of the employee. Ms Frazenburg was charged with dishonesty in that she falsified the bank's [...]