Labour Relations Act

An employer appointed an employee with a fake degree; what now?

Specific job requirements demand that the candidate possess a particular degree or qualification. What can an employer then do if it is discovered, after the appointment, that the qualification is fake or has been forged by the employee? Before answering this question, students and job seekers should be aware of the new National Qualifications Framework [...]

2023-02-07T14:04:11+02:00February 7th, 2023|General|0 Comments

“Piercing the corporate veil” in labour disputes

It is not uncommon for an employer to own multiple businesses. In these instances, employers often appoint management to run them instead while affording the employer a direct influence over each business from afar. The "corporate veil" is a misconception that a company's managers, shareholders or directors are not legally responsible for the actions of [...]

2022-12-15T13:10:19+02:00December 15th, 2022|General|Comments Off on “Piercing the corporate veil” in labour disputes

The conversation, after a warning

The workplace is regulated by a set of rules and directives that guide the efficiency of the business and the stability of the employer-employee relationship. Often, when an employee has stepped out of line either by act or omission, the employer may issue a warning. The very essence of a warning is to bring to [...]

2022-12-12T14:27:26+02:00December 12th, 2022|General|Comments Off on The conversation, after a warning

The rule does not exist

Employers have a right to implement workplace policies to regulate employees' conduct. The breach of such policies is usually the cause of disciplinary proceedings because employers use the policies to determine misconduct and categorise it accordingly. So, what happens if the company has not implemented any policies? Can the employer still discipline the employees? Employers [...]

2022-12-05T10:20:51+02:00December 5th, 2022|Contracts, General|Comments Off on The rule does not exist

What Happens When You Retire from Retirement?

It is generally difficult in these times for a person to retire comfortably, and according to the South African Treasury, it is estimated that only 6 out of 100 South Africans can retire comfortably. In the current state of our economy, it makes it even more difficult. It is sometimes necessary for someone to work [...]

2022-11-08T13:30:35+02:00November 8th, 2022|General|Comments Off on What Happens When You Retire from Retirement?

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

What documents do I need to complete when an employee leaves?

When a contract of employment is terminated, there are various processes that the employer needs to implement. Aside from the internal processes such as removing the employee from the payroll system, disabling passwords and accounts and collecting company assets, there is the processing of documentation such as the certificate of service, the employee's UI-19 and [...]

2022-10-24T09:07:40+02:00October 24th, 2022|Contracts, Dismissal|Comments Off on What documents do I need to complete when an employee leaves?

The Prohibition of Employment of Children

The question which doesn’t ordinarily arise but is covered by the Basic Conditions of Employment Act pertains to the employment of children and the prohibition thereof. For the most part, the Act is easy to interpret, and will not be set out for the purposes of this article, however, should the reader wish to enrich [...]

2022-05-17T13:57:51+02:00May 17th, 2022|Labour Relations Act|Comments Off on The Prohibition of Employment of Children

Mandatory vaccinations in the workplace

In the past two years, the labour industry has been hard hit by the COVID-19 pandemic, and employers have since sought answers and solutions for an unforgiving economic environment. One of the most popular and most controversial topics regarding this is mandatory vaccinations in the workplace and how to go about it. Implementing mandatory vaccinations [...]

2022-03-30T11:44:54+02:00March 30th, 2022|General|2 Comments

The impact of the new earnings threshold on the BCEA, LRA and EEA

Section 6 of the Basic Conditions of Employment Act (BCEA) makes provision for the Minister of Employment and Labour to publish a determination on the Commission’s advice that will exclude employees earning above a certain amount per year from sections of chapter 2 of the Act. In a gazette published on 8 February 2022, the [...]

2022-02-25T07:00:29+02:00February 25th, 2022|Labour Relations Act|Comments Off on The impact of the new earnings threshold on the BCEA, LRA and EEA
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