Upon reflection, it seems unreal how fast this year has progressed already. While spring is in the air, it also serves as a stark reminder that the last few months of the year will speed by in the blink of an eye. Consequently, as the year races towards its finish line, maintaining motivation among employees [...]
From the point of departure, it is essential to acknowledge that the CCMA is a creature of statute, and jurisdiction will be limited to the powers given to the presiding Commissioner by the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), or the Employment Equity Act (EEA). The CCMA cannot grant or [...]
The modern working environment has evolved into such a dynamic and diverse environment that the role of a manager has evolved to much more than just overseeing tasks and operations. The effectiveness of managers, and as a consequence, the organisations they work for, goes beyond just technical skills and deeply extends into the realm of [...]
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 [...]
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 [...]
Sexual harassment is unwanted conduct of a sexual nature. The unwanted nature of sexual harassment distinguishes it from behaviour that is welcome and mutual. In the matter of Solidarity obo B v South African Police Service and Others (P 03/19) [2022] ZALCPE 26, Captain B was employed by the South African Police Service (SAPS). During [...]
Our courts have highlighted that job descriptions can change. An employee cannot believe that once a job description is issued, it is 'cast in stone'. The functions and responsibilities of an employee can be altered based on the company's operational needs. The direct and immediate effect of an employee terminating their employment is the overarching [...]
The employer and the employee have a mutually beneficial relationship, one in which the employee undertakes to provide services, expertise and skills in the interest of their employer in return for remuneration. The question that often comes into mind is whether an employee must only represent their interest with one employer or if they are [...]
The management of client expectations is a crucial part of any company, as ensuring the expectations of clients are met will ensure the company's future viability and profitability. These expectations and how they will be met are usually communicated at the business relationship's onset and form the basis thereof. Employees play a pivotal role in [...]
Unfortunately, not all employees can work for their entire lifetime. People naturally grow old, and soon they might be unable to perform tasks they once did with ease. Employees usually look forward to a time when they can take a well-deserved break. Yes, you guessed it, today we are talking about retirement. In terms of [...]