employee

Shop Stewards and Representation Rights: Labour Court Upholds Company Policy

Schedule 8(4)(2) of the Labour Relations Act, the Code of Good Practice, states that an employee can be represented by a fellow employee or a union representative during a disciplinary hearing. However, the question arises: What is the situation with representation if the employee is the union representative in the workplace or, more commonly known, [...]

2024-07-15T09:18:16+02:00July 15th, 2024|General|Comments Off on Shop Stewards and Representation Rights: Labour Court Upholds Company Policy

Discretionary Bonuses – Problematic Clauses in Employment Contracts

South African Labour Law does not provide for compulsory payment of bonuses unless the employer falls within the ambit of a specific Bargaining Council or if a particular company policy makes such a provision. Therefore, without a Policy or Bargaining Council regulating a particular industry, an employee has no automatic right to a bonus. The [...]

2024-07-08T11:14:19+02:00July 8th, 2024|Theme|Comments Off on Discretionary Bonuses – Problematic Clauses in Employment Contracts

Instructions to Work Overtime – Problematic Clauses in Employment Contracts

Working overtime is essential to an employer’s operational requirements in specific industries within our labour-sphere. If an employee refuses to work overtime when their employer requests it, it is necessary to consider the lawfulness and reasonableness of the instruction. Although the Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates the payment for overtime [...]

2024-06-27T14:05:35+02:00June 27th, 2024|Theme|Comments Off on Instructions to Work Overtime – Problematic Clauses in Employment Contracts

How “Immediate” Can a Resignation Without Notice Be

The legalities behind resignations and notice periods have been a source of confusion for employers. Often, employers are unsure whether the Basic Conditions of Employment Act 75 of 1997 (BCEA) takes precedence over the explicit terms of a contract of employment. Employers may also be uncertain about the implications of a resignation letter with the [...]

2024-06-24T09:48:48+02:00June 20th, 2024|Resignation|Comments Off on How “Immediate” Can a Resignation Without Notice Be

Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers

The Labour Court of South Africa recently delivered an interesting judgment on 29 April 2024, in the case of SACCAWU obo Dlamini v Commission for Conciliation, Mediation and Arbitration and Others (JR2281/21) [2024] ZALCJHB 180 (29 April 2024). This case presents important lessons for employers regarding the fair treatment of employees during disciplinary processes and [...]

2024-06-14T10:28:36+02:00June 14th, 2024|Dismissal|Comments Off on Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers

Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay

The Prescription Act 68 of 1969 safeguards employers against the indefinite pursuit of severance pay claims. This legislation sets a definitive time limit within which claims must be initiated, thus providing employers with certainty and protection from protracted liabilities. In terms of the Basic Conditions of Employment Act (BCEA), specifically Section 41(1), a retrenched employee [...]

2024-06-10T10:04:02+02:00June 10th, 2024|General|Comments Off on Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay

Future-Proofing the Workforce

There has been an undeniable shift in the use of technological advances in the workforce. Leveraging these advances has proven to be not only beneficial in performing tasks but absolutely crucial. Technological advances such as Artificial Intelligence ‘AI’ and automation have always reared themselves in the workplace, subtly and in mundane tasks. Automation and AI [...]

2024-06-10T10:58:28+02:00June 10th, 2024|Theme|1 Comment

Balancing Flexibility and Stability

The origins of employment relationships derive from principles of Common Law and remain the basis of employment relationships in labour relations as they exist today.  Many of the provisions of the Common Law employment contract have subsequently been amended and regulated by adopting legislation that sought to remedy the inadequacies of the Common Law, such [...]

2024-06-04T09:22:42+02:00June 3rd, 2024|Theme|Comments Off on Balancing Flexibility and Stability

Are employers permitted to scrutinise a prospective employee’s criminal and credit history?

During the recruitment process, it is common practice for many employers to ask prospective employees questions about their criminal and credit records. The purpose, in general, is to ascertain the candidate's suitability for the position. At first glance, this vetting process appears unproblematic. Employers should legitimately be entitled to request this information to ensure they [...]

2024-05-23T10:54:49+02:00May 23rd, 2024|General|Comments Off on Are employers permitted to scrutinise a prospective employee’s criminal and credit history?

Beyond 9 to 5: Unraveling Overtime Work in South Africa

On the 8th of November 2022, the Labour Court heard the matter between the Association of Mineworkers and Construction Workers Union obo Mkhonto and Others v Commission for Conciliation, Mediation and Arbitration and Others [2023] JOL 57981 (LC). The Court had to decide whether the dismissal of the AMCU members who refused to work overtime [...]

2024-05-13T13:36:27+02:00May 13th, 2024|Theme|Comments Off on Beyond 9 to 5: Unraveling Overtime Work in South Africa
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