FAQ – Can an employer use the results of a polygraph test during a disciplinary hearing

The majority of employers are under the impression that the results of a polygraph test alone are sufficient to prove their case against the employee during a disciplinary hearing. This is unfortunately not the case. When it comes to polygraph tests, there is no legislation guiding us in that regard, and therefore we have to rely solely on case law. When the employer intends... Read More

FAQ, Labour, LATEST

April 7, 2021

CCMA can decide retrenchment procedure disputes in terms of a referral under Section 191 (12) of the Labour Relations Act No 66 of 1995 as amended, (The Act).

CASE NUMBER: MINT 72392: Applicant: Mr A Section 191 (12) provides that an employee who is dismissed by the employer’s operational requirements may elect to refer the dispute either to arbitration or to the Labour Court if – (a) the employer followed a consultation procedure that applied to that employee only, irrespective of whether that... Read More

Focus, Labour, LATEST

April 6, 2021

Episode 70: Can An Employee Claim Unfair Dismissal If Their Fixed Term Contract Has Been Terminated?

SEESA Labour Legal Advisors, Anel Pistorius and Stefan Tickner, discuss the legalities surrounding Fixed Term Contracts. They also focus on the various factors to consider by employers before implementing or terminating a Fixed Term Contract with an employee and when such a contract is most appropriate. Click play to listen to our podcast! Contact your... Read More

Labour, LATEST, Podcast

March 26, 2021

FAQ – Can an employer force you to take the COVID-19 vaccine?

COVID-19 has had a tremendous impact on our economy. Now that a vaccine is finally becoming reality it is not surprising that many employers are looking towards the vaccine as a possible way of bringing normality to their businesses. The question that everyone is asking is; can employers insist that their employees are vaccinated against COVID-19? The short answer is; No, except in exceptional circumstance. There simply... Read More

FAQ, Labour, LATEST

March 21, 2021

FAQ – Can employers subject their personnel to regular breathalyser or narcotic tests?

In terms of the Employment Equity Act, the testing of workplace personnel in order to determine the presence of alcohol or narcotics in their system is justifiable, if applicable, to the inherent nature and dangers of the job. Implementing a zero-tolerance policy in the workplace will put all employees on terms with regards to the... Read More

FAQ, Focus, Labour

March 17, 2021

Sale Of A Business As A Going Concern

Transfer of a business “as a going concern” is not the same as only selling shares or assets of the business, but it rather refers that the transferred company continues to run ordinarily as it did in the hands of the purchaser. The previous owner will no longer conduct this business and carries it over... Read More

Focus, Labour, LATEST

March 15, 2021

Understanding Mental Disorders Of Personnel In The Workplace

Mental health awareness in the workplace has invariably surged since the start of the global COVID-19 pandemic. Recent statistics have uncovered that, in South Africa, only about twenty-five percent of the people with a diagnosable mental disorder currently receive treatment. A combination of the ongoing stigma attached to mental illness and the severe shortage of... Read More

Focus, In-depth, Labour, LATEST

March 10, 2021

SEESA’s Guide To Prepare Your Business For A Department Of Labour Audit

Have you received a notification of inspection from the Department of Labour? If not, you may well receive one during 2021, as some of our SEESA clients have already received notice and request for audits. We have prepared a few pointers to assist your business in preparing for the pending inspection. Inspections are done in... Read More

Labour, LATEST

March 9, 2021

Episode 66: Negligence In The Workplace – When Is It Dismissible?

In this episode, SEESA Labour Legal Advisors Angie De La Rosa and Simone Abrahams discuss the commonly committed misconduct of negligence. They provide guidance in determining the difference between negligence and gross negligence and when an employee can and should be fairly dismissed for such an offence. Click play to listen to our podcast! Contact... Read More

Labour, LATEST, Podcast

March 4, 2021

Did You Know? – A default award can be revoked by applying for a rescission

The rescission must be lodged within 14 days from the date your first became aware of the award. A rescission can be applied only in the following circumstances: • If the award was made in the absence of any party affected by such award; • If an award contains an error or omission; • If... Read More

DID YOU KNOW, Labour, LATEST