contract

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

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?

Don’t cover your tracks with dishonesty

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 [...]

2022-11-18T09:17:24+02:00November 18th, 2022|General|Comments Off on Don’t cover your tracks with dishonesty

Labour Court reinforces its zero-tolerance stance on unfair dismissals related to maternity leave

Dismissals related to pregnancy are considered automatically unfair in line with Section 187 of the Labour Relations Act 66 of 1995. The Labour Court has strengthened this position in the case of Brandt v Quoin Rock Wines C152/2021, where an employer had attempted to retrench an employee, who had returned from maternity leave, on the [...]

2022-11-16T14:38:58+02:00November 16th, 2022|General|Comments Off on Labour Court reinforces its zero-tolerance stance on unfair dismissals related to maternity leave

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?

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

The Impact & Challenges that a Company Faces when an Employee Leaves

One of the difficulties an employer may face in business is staff turnover, which can lead to a loss of operational capacity and skills needed to perform a business's functions, ensuring productivity. Continuity is essential for the effective operation of a business. It may cost an employer time, effort, and money to find a new [...]

2022-10-31T12:09:44+02:00October 31st, 2022|General|Comments Off on The Impact & Challenges that a Company Faces when an Employee Leaves

Practical guidelines: The Review Application

Once an arbitration hearing has been finalised at the Commission for Conciliation, Mediation and Arbitration (CCMA) or relevant Bargaining Council, the Commissioner will issue an arbitration award. The arbitration award will set out the Commissioners finding and the brief reasons for the finding. In most cases, the employer will be aggrieved by an unsuccessful award [...]

2022-10-27T10:02:25+02:00October 27th, 2022|Arbitration|Comments Off on Practical guidelines: The Review Application
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