The interview process is an essential step in the employee selection process. If done effectively and with great care, it enables the employer to determine if an applicant's skills, experience, and personality meet the job's requirements. It also helps the employer to establish whether an applicant would fit in with the culture and environment of [...]
What is a request for an advisory award on whether a person is an employee – Section 200 A (3) of the LRA?
The question of who falls within the ambit of an “employee” for purposes of the Labour Relations Act (LRA) is dealt with in many disputes referred to the CCMA or Bargaining Councils under a broad scope. This generally causes confusion, and most parties raise it as a jurisdictional point before the actual dispute is entertained. [...]
A friend loses their job and is struggling to find work in a flooded job market, so you offer to help them with work to get them on their feet, but does this constitute employment in terms of the Labour legislation? What is the definition of an “employee” in terms of the Labour Relations Act [...]
Employers are faced with the challenge of balancing an employee’s right to privacy concerning his or her health status with the obligation to maintain a safe and healthy working environment
The COVID-19 pandemic has been declared a National Disaster, and as a result, some South African’s Constitutional Rights have been infringed upon to contain the pandemic. The pandemic has also had a devastating effect on our economy, and this “new normal” has become a way of life. Whilst employers have the duty to uphold employees’ [...]
Many employers are faced with an uncomfortable situation where an employee lodged a false grievance against another employee as an intimidation or retaliation tactic. Some employers may be too cautious about taking disciplinary steps because they are under the impression that it may amount to an automatically unfair dismissal. Section 187(1)(d) of the Labour Relations [...]
THAT IS NOT PART OF MY JOB DESCRIPTION – Can an employee refuse a lawful and reasonable instruction from his/her employer?
In an employer-employee relationship, both parties have certain duties towards one another. Employers have a duty, amongst others, to pay the employee's remuneration. On the other hand, employees must obey their employer's reasonable and lawful instructions. Does this mean that an employer can immediately proceed with disciplinary steps once an employee refuses to follow a [...]
In terms of the media statement dated 14 June 2021, issued by the Minister of Employment and Labour, Thulas Nxesi, it was stated that employers should find a reasonable solution for all parties where employees refuse to be vaccinated for medical and constitutional reasons. This was gazetted in the new direction on occupational health and [...]
The position of a shop steward in the workplace is an ambiguous one: on the hand, they are, just like any other employee, subject to their employers’ disciplinary processes, and on the other hand, they function as intermediaries between employers and union members. Shop stewards assist union members in various aspects of the workplace, including [...]
The admissibility of polygraph reports at disciplinary hearings and/or at arbitrations have long been a contentious issue at the CCMA and the Labour Courts. There are often procedural challenges by employees, together with challenges pertaining to the ability of the individual conducting the polygraph test, which is raised in the course of a hearing which [...]
Werkgewers behou die reg om een van twee tipes skorsings op te lê, mits die regte prosedure ten opsigte daarvan gevolg word. Sou daar versuim word om die regte prosedure te volg mag ‘n werkgewer moonlik skuldig bevind word van ‘n onbillike arbeidspraktyk deur die Kommissie van Versoening, Bemiddeling en Arbitrasie. Ingevolge Artikel 186 [...]