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…
Category: Labour
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…
DYK – RICA- Legislation Also Regulates The Monitoring Of Telephones, E-Mails And Other Communication?
This Act places very tight restrictions on employers wishing to monitor telephonic, e-mail and other communications of employees at the workplace. In light of RICA’s rigid provisions, the best strategy for employers will be to have a policy in place where all employees give written provision to monitor their e-mail or other communications. To find…
Sick Notes Issued By A Professional Nurses A Right Or A Wrong
As we are getting close to the change of season, we also know that there is usually a spike in employees’ absence due to being ill. This is also the time employers receive more sick leave requests and medical certificates. The question now arises, what is a valid medical certificate? Employers, and more likely employers…
DYK – An Employee Must Be Paid An Allowance For Working At Night?
The Basic Conditions of Employment Act of 1997 (the BCEA) states the following: Section 17: Night work In this section, “night work” means work performed after 18:00 and before 06:00 the next day; An employer may only require or permit an employee to perform night work if so agreed and if the employee is compensated…
An Employer Guideline – What To Do When Dealing With The Termination Of An Employee’s Employment Relationship.
One of the most popular new year’s resolutions regarding an individual’s work aspirations is to start a new job and achieve greater success in the new year. This is all good and well, but such ambitious aspirations often leave employers in a severe predicament, especially when operations kick off in full swing during the beginning…
What Is Progressive Discipline?
The Code of Good Practice, contained in Schedule 8 of the Labour Relations Act, is a legislative guideline on the best practices to follow regarding labour procedures. The Code specifically stipulates that any disciplinary action, especially when considering dismissal, should be substantively and procedurally fair. To achieve this, progressive discipline must be applied. Progressive discipline…
Unauthorised Use Of Employer’s Property
The unauthorised use or possession of property belonging to the employer or the client of the employer is regarded as serious and sufficient to deem a dismissal fair. It is important that there be a clear rule that has been applied consistently and that the employee is aware of. The employer needs to prove the…
Most Read FAQ Of 2022.
Can Business Owners Expect A Visit From The Department Of Labour This Year? The Department of Labour often embarks on labour inspections during the course of each new year. The inspector’s functions include advising employees on their rights and obligations in terms of employment legislation and employment contracts, ensuring business owners comply with the rights…
Most Read Article of 2022
Rights Of Pregnant Employees In The Workplace Have you ever wondered what your responsibility is as an employer when it comes to pregnant employees? We all know that section 26(1) of the Basic Conditions of Employment Act 75 of 1997 (hereafter referred to as “BCEA”)[1], states that “no employer may require or permit a pregnant…