The purpose of this article is to highlight the rationale and justification for entering into a fixed-term contract whilst comparing the stark differences between a fixed-term contract as opposed to a probationary clause in an employment contract. These two concepts are often misinterpreted or misunderstood by employers, and it is vital that the legal context [...]
The regulation of working hours is contained in Chapter two of the Basic Conditions of Employment Act. In terms of Section 6 of the Act, these regulations do not apply to employees who: earn above the threshold, which is R211 596.30 per annum; senior managerial employees; employees who are sales staff who travel to customers and [...]
An employee was given a final written warning "on-the-spot" by the chairperson after being found guilty of misconduct at a disciplinary hearing. The employer is unhappy with the sanction and lodges an appeal to have the sanction overturned and subsequently changed to a summary dismissal. Would this amount to "double jeopardy" since the employee has [...]
The use of social media for marketing purposes, customer liaison or operational planning, has boomed throughout the last few years. It has become a handy tool due to its multiple uses, including storage of information and recording of video or audio for later reference. Just as employers have become inclined to utilise this versatile tool [...]
Gross insubordination is viewed by our Courts as serious misconduct. In terms of The Code of Good Practice: Dismissal, gross insubordination may even, depending on the merits, warrant dismissal of the accused employee for a first offence. What makes gross insubordination such a serious form of misconduct is the fact that employees are expected to [...]
Section 6 of the Employment Equity Act (EEA) prohibits the unfair discrimination against any employee on the grounds listed in subsection 6(1). These grounds are termed as “listed grounds” and emanate from the Bill of Rights contained in the Constitution. Section 6 (1) however, also lists a ground termed “arbitrary grounds”. An arbitrary (unlisted) [...]
It happens quite often that an employee gets arrested for alleged criminal activities and/or is found guilty of criminal activity and ultimately incarcerated. Some employers then erroneously deem the employer/employee relationship to be automatically terminated. Unfortunately, an employee does not dismiss himself should he be incarcerated. It is no employer’s wish to be associated [...]
Employer ABC (Pty) Ltd employs 100 workers. The union, CHEESE, recruited 30 of the 100 employees as members. ABC (Pty) Ltd recognises CHEESE as a sufficiently representative union and affords CHEESE section 12 (access to workplace) and 13 (deduction of union fees) rights in the workplace in January 2015. In January 2016 ABC (Pty) Ltd [...]
The Labour Relations Act (LRA) provides certain organizational rights on trade unions which are aimed at assisting trade unions in establishing a foothold within the workplace. Although there is no duty to recognize a trade union within the workplace the CCMA can compel an employer to grant these organizational rights. These rights include limited access [...]