The recruitment and selection processes are critical operational aspects of any organisation. Although employers generally have complete discretion in determining whom to appoint for a respective position, there are exceptions to how this discretion can be implemented. If a prospective candidate is not appointed due to unfair or irrational reasons, there may be adverse legal [...]
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, [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]