Introduction When an employer dismisses an employee, they must prove the dismissal was fair. This means that the employer must have followed a fair procedure, and the employee was guilty of misconduct. Conducting a proper pre-hearing investigation is one of the most important steps in ensuring a fair disciplinary procedure. The investigation should be done to…
Category: Labour
Why disciplinary codes are essential for every business.
In South Africa, employers are legally required to have a disciplinary code. This code sets out the standards of conduct expected of employees and the consequences for breaches of those standards. A well-drafted disciplinary code can help employers to: Create a fair and consistent workplace. By having clear rules and procedures, employers can ensure that…
Times Are Tough! Can I Reduce My Staff’s Working Hours To Save On Salaries?
Many companies and employers have been subjected to difficult economic conditions over the past few months. They are still reeling after the effects of the COVID pandemic and its devastating effect on our economy. Desperate times call for desperate measures, but can an employer reduce the working hours of his employees to decrease his payroll…
DYK – An Employee’s Retirement Age May Not Be Unilaterally Changed By The Employer?
According to Section 187 (f) of the Labour Relations Act (LRA), an employer cannot unfairly discriminate against an employee based on their age. When a retirement age has been agreed upon between the employer and employee in a contract of employment or through a pension/provident fund, it is a condition of employment between the parties….
Can My Domestic Worker Join A Trade Union?
Section 21 of the Labour Relations Act describes organisational rights as a trade union’s formal request made in writing to represent employees in a workplace on a variety of selective rights. Section 23 of the Constitution and Section 4(1) Labour Relations Act protect the rights of employees to form and join a trade union and…
Must An Employer Consider Alternative Measurers To Avoid Dismissals Because Of Retrenchments?
In a time when the South African economy is in a dire state, and load shedding is constant, many Employers are feeling the financial pressure. Sections 189 and 189A of the Labour Relations Act permits an employer to dismiss employees for operational requirements or reasons. Section 189(2)(a)(i) of the Labour Relations Act states that the…
DYK – Decriminalisation Of Cannabis For Private Use Does Not Yet Mean The Legalisation Of Cannabis In The Workplace?
Personal or recreational use of marijuana was declared unconstitutional and decriminalised in terms of South African laws in the case of Minister of Justice v Prince. In terms of the Medicines Act, marijuana (THC) may now, in private and for personal use, be consumed by an adult. However, legalised personal use does not mean that…
Is An Employee Entitled To Payment For Public Holidays During Maternity Leave?
The answer is yes. Section 25 (5)(1) of the Public Holidays Act 36 of 1994 provides that ‘every employee shall be entitled to at least the number of public holidays provided for in this Act. In terms of section 18 of the Basic Conditions of Employment Act (BCEA) provides that (1) An employer may not…
Episode 151: Sexual harassment and how the employer can approach such an offence in the workplace.
SEESA Labour Legal Experts, Larisha Govender and Simone Abrahams discuss sexual harassment in the workplace, which is very often a difficult matter to navigate. They also focus on providing the employer with a guide to effectively approach such an offence and ways to possibly guard against it. Click on the play button below to listen…
External Representation In Disciplinary Matters
When an employee faces disciplinary action, they sometimes do not wish to face it alone and then turn to colleagues, unions or even outside lawyers and/or advocates to represent them in the disciplinary action. The question is, are they all allowed to represent the employee automatically? Employees facing disciplinary action always have an automatic right…