Basic Conditions of Employment Act

Can an employer collectively dismiss employees with a common purpose to the misconduct?

The Labour Relations Act of 1995 (LRA), as amended, distinguishes between a “protected” and an “unprotected” strike. Employees who participate in a “protected” strike enjoy protection by the LRA and cannot be dismissed unless they are guilty of misconduct. Strikes can sometimes become violent and out of control, making it difficult for an employer to [...]

2022-11-30T06:23:45+02:00November 30th, 2022|Dismissal|0 Comments

I can’t take this anymore; I’m out of here!!

Our previous article, "So, are you staying or going?", discussed the factors to consider when evaluating whether an employee resigns without confirming their intention in writing. The courts have held that the employee must prove a clear and unambiguous intention not to go on with the contract of employment by words or conduct that would [...]

2022-11-24T09:31:44+02:00November 24th, 2022|Resignation|Comments Off on I can’t take this anymore; I’m out of here!!

So, are you staying or going?

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 [...]

2022-11-23T09:59:07+02:00November 23rd, 2022|Resignation|Comments Off on So, are you staying or going?

What do you want from me?

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 [...]

2022-11-21T15:26:30+02:00November 21st, 2022|Contracts|Comments Off on What do you want from me?

Casual Worker or Permanent Employee?

The word “casual” is not defined by the Basic Conditions of Employment Act. The word employee is, however, defined as follows: “Any person, excluding an independent contractor, who works for another person, or the state, who receives or is entitled to receive remuneration”. The act goes further by defying an employee as “any other person [...]

2022-11-14T10:18:34+02:00November 14th, 2022|Contracts|Comments Off on Casual Worker or Permanent Employee?

Can an employee claim that they have been unfairly demoted, even though their salary and benefits remain the same?

The Labour Relations Act, under section 186 (2)(a), describes a demotion as an unfair labour practice. The section reads as follows: (2) “Unfair labour practice” means any unfair act or omission that arises between an employer and an employee involving – (a) unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes [...]

2022-11-10T14:54:49+02:00November 10th, 2022|General|Comments Off on Can an employee claim that they have been unfairly demoted, even though their salary and benefits remain the same?

What Happens When You Retire from Retirement?

It is generally difficult in these times for a person to retire comfortably, and according to the South African Treasury, it is estimated that only 6 out of 100 South Africans can retire comfortably. In the current state of our economy, it makes it even more difficult. It is sometimes necessary for someone to work [...]

2022-11-08T13:30:35+02:00November 8th, 2022|General|Comments Off on What Happens When You Retire from Retirement?

Entering into an employment contract – Where to start and what to remember

The status of an employee must be established from the beginning of the employment relationship, be it permanent, fixed term or temporary. Once the employee's status has been determined, it is essential to specify the particulars of the employment relationship. Although a written contract is not a prerequisite for a valid employment contract, it is [...]

2022-11-07T14:47:30+02:00November 7th, 2022|Contracts|Comments Off on Entering into an employment contract – Where to start and what to remember

What documents do I need to complete when an employee leaves?

When a contract of employment is terminated, there are various processes that the employer needs to implement. Aside from the internal processes such as removing the employee from the payroll system, disabling passwords and accounts and collecting company assets, there is the processing of documentation such as the certificate of service, the employee's UI-19 and [...]

2022-10-24T09:07:40+02:00October 24th, 2022|Contracts, Dismissal|Comments Off on What documents do I need to complete when an employee leaves?

Probationary dismissals

The Code of Good Practice: Dismissals (schedule 8 of the “LRA”) makes specific provision for the employment of a new employee to be subject to a reasonable probation period, to allow the employer an opportunity to evaluate the employee’s performance before confirming the appointment. Although the employer can decide on the period of the probation, [...]

2022-10-19T08:06:45+02:00October 19th, 2022|General|Comments Off on Probationary dismissals
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