Employers may find themselves in a difficult situation in distinguishing the fine line between unfairly discriminating against employees and upholding their reasonable code of conduct and policies within the workplace. In the past, it has been easy to discipline employees in terms of the so-called “zero tolerance” policies for substance and alcohol use and abuse. [...]
The recent judgments in Sayiti v Sun International Management Limited (JS1019-16) [2023] ZALCJHB 104; (2023) 44 ILJ 1613 (LC) (17 January 2023) and Sun International Management Limited v Sayiti (JA13-23) [2024] ZALCJHB 411 (21 October 2024) present crucial insights for employers navigating the sensitive interplay between operational needs and religious accommodation in the workplace. Initially, [...]
Section 6 (1) of the Employment Equity Act 55 of 1998 (EEA), as amended, provides that no person may unfairly discriminate, directly or indirectly, against any Employee in any employment policy or practice. Such discrimination includes race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, [...]
The primary objective of a probationary period is to enable employers to evaluate an employee's performance prior to confirming their permanent employment. Employers must be mindful that probationary periods in South Africa are regulated by the Labour Relations Act (LRA) and its corresponding with the Code of Good Practice. Furthermore, as stipulated in Section 8 [...]
It is important to acknowledge that employers are typically expected to hire candidates who are well-suited and capable of fulfilling their duties based on their prior experience. However, it should not be overlooked that workplace cultures and operational practices vary, which may make it challenging for the employee to adapt to the new role and [...]
As an employer, you may have felt overwhelmed after discovering your business on a Labour Inspector’s “most wanted” list, receiving a compliance order, and struggling to find guidance. With CEO on your side, those days of uncertainty are over! We’ll help you transform that tidal wave of uncertainty into a manageable task. Armed with our [...]
The National Minimum Wage Act No 9 of 2018 (NMWA) has introduced significant changes to labour remuneration in South Africa. While its primary goal is to ensure a basic standard of living for all workers, certain categories, such as those under the Expanded Public Works Programme (EPWP) and Learnership agreements, require special consideration. The Expanded [...]
Employers in South Africa have long faced challenges related to the misuse of sick leave and fraudulent activities related to the acquisition of sick leave certificates. A recent case, Woolworths (Pty) Ltd vs Commission for Conciliation, Mediation, and Arbitration (CCMA) and Others (JA90/22) [2024] ZALAC 29, sheds light on how such issues should be approached. [...]
Automatic termination clauses in employment contracts, also known as "self-executing" clauses, stipulate that the employment relationship will end automatically upon the occurrence of a specific event, such as the expiry of a fixed-term contract or the completion of a particular project. In South African labour law, the validity and enforceability of these clauses have been [...]
It frequently occurs that employees who receive an alternative work opportunity resign without giving the prescribed notice period. Previously, CEO published an article in which we specifically addressed whether the employer was required to remunerate the employee for the notice period not worked. This article explores whether the employer is permitted to deduct the value [...]