The trust relationship in the context of an employment relationship between an employer and employee is derived through the Common Law of Contract and the fiduciary duty between the parties. Where the conduct of the employee may depart from these standards, it is said that the conduct of the employee would negatively affect the trust [...]
The Labour Court in Clicks Retailers (Pty) Ltd v Madikwe and Others (JR 1924/19) [2023] ZALCJHB 67 (14 March 2023) defines dereliction of duty as a misconduct in which an “employee willfully, wantonly or negligently failed to perform his or her duties, or performed them in a culpably inefficient manner”. For an employer to establish [...]
For most employers, workplace misconduct is easy to identify - fraud, theft, gross insubordination, etc. But what about an employee who spends hours scrolling through social media, taking extended smoke breaks, or running personal errands during company time? Time theft is a growing concern in the workplace, yet many employers struggle to determine when it [...]
Employers in South Africa encounter a significant uphill battle when it comes to alcohol related offences in the workplace. From being required to prove breathalyser calibration information and stringent testing methods to observation reports. Employers face further difficulty as they are not allowed to openly and blatantly ask their employees if they have an alcohol [...]
Unfair dismissals related to misconduct can expose employers to legal disputes if not handled correctly. This infographic provides a structured guide to ensure fairness, compliance, and consistency in disciplinary actions. It outlines key internal procedures, including clear policies, thorough investigations, fair hearings, and appropriate sanctions. Additionally, it details the dispute resolution process through the CCMA [...]
The Minister of Employment and Labour recently issued a Notice in the Government Gazette providing a Draft of the Code of Good Practice (hereinafter referred to as "the Draft"). The Draft proposes specific amendments to Schedule 8 relating to dismissals, which may lessen stringent procedural expectations, simplify disciplinary procedures, facilitate dispute resolution, and holistically consider [...]
In the recent Labour Appeal Court case of Tshabalala v Moqhaka Local Municipality and Another (JA88/2024) [2024] ZALAC 60 (21 November 2024), a municipal manager (the employee) at Moqhaka Local Municipality (the employer) was suspended on the 1st of March 2024, due to alleged misconduct. After receiving the notice to attend a disciplinary hearing on [...]
The Basic Conditions of Employment Act (BCEA) regulates deductions against the benefits of the employee in accordance with provisions set out in Section 34 of the Act. The BCEA specifically addresses deductions in respect of damages. Section 34(2) permits an employer to deduct from an employee’s remuneration for reasons related to loss or damage, provided [...]
As a result of the Covid-19 pandemic and other factors, many employees struggle with physical and mental illness. In the more recent case of Pahlanga vs The Petroleum Oil and Gas Corporation of South Africa (PetroSA) Case no C564/2019, 9 July 2021), the Labour Court had to consider whether the dismissal of an employee for [...]
As an employer, you may encounter challenging scenarios involving employee misconduct within your workplace. It's imperative to understand that certain acts of misconduct not only breach company disciplinary codes but also constitute criminal offences under South African law. The Prevention and Combating of Corrupt Activities Act 12 of 2004 places a legal duty on employers [...]