Employers sometimes elect to demote employees when dismissal, as a disciplinary sanction, would have been justified and after a Disciplinary Hearing was conducted. The demotion above cannot occur before the employer follows a fair procedure, and the employer is not allowed to enforce a demotion upon an employee in a partisan manner. Before the demotion…
Category: Labour
The Impact Of Loadshedding On The Remuneration Of Employees
The incessant and repeated introduction of various levels of Loadshedding, often without much notice, has some severe consequences for businesses. Not of which is the uncertainty of whether Employees are to be paid for the hours of Loadshedding as this could surely not be expected of the Employer if they are not in control of…
What Is The Difference Between A “Probation Period” And An “Acting Position Period”
A “Probation Period” is commenced at the start of an employment relationship and usually runs for three months from the date of employment. This period allows an employer to evaluate a new employee’s skills and to ensure that they meet the required performance/skills incumbent to perform the position in a permanent capacity. It can be…
Discipline In The Workplace- Consistency Is Key!
This concept may sound like an obvious statement to many. However, employers still overlook this when implementing discipline in the workplace. For that reason, this article aims to detail the pitfalls of not consistently applying discipline in the workplace. Firstly, the following steps are critical to achieve consistency in the workplace: Establish and implement a…
DYK – An Employee Must Be 15 To Be Legally Employed?
The Basic Conditions of Employment Act of 1997 (the BCEA) states the following: Section 43 – Prohibition of employment of children: Who is under 15 years of age; or Who is under the minimum school-leaving age in terms of any law, if this is 15 or older. That is inappropriate for a person of that…
Episode 145: Legal Update For Employers / Business Owners Concerning Zimbabwean Nationals Working Within SA
SEESA’s Legal Advisors, Charl Vollgraaff and Meggan Watson, provide a basic summary of the latest legal developments concerning Zimbabwean Nationals who are current ZEP holders living and working within South Africa. They inform Employers/Business Owners about the further extension of the grace period for these current ZEP holders to prevent the spread of misinformation and…
“Knock” “Knock” – You Have A Labour Inspection
Many employers across South Africa get the “dreaded” inspection from the Department of Labour every year. For some employers, these inspections create a state of panic, seeing as these employers do not know what to expect. In this article, we will address the basic aspects that they will inspect. Labour Inspectors of the Department of…
When Is A Restraint Of Trade Agreement In An Employment Contract Enforceable In Law?
A restraint of trade agreement in an employment contract states that on termination of employment, such employee will be restricted from working in a specific industry, for a specified period and in a certain geographical area. The purpose of a restraint of trade agreement is to protect the employer’s business interests to retain its competitive…
The Code Of Good Practice On The Protection Of Employees Returning To Work After Maternity Leave
In terms of Section 87(2) of the Basic Conditions of Employment Act, 1997, the Minister of Labour, after consulting NEDLAC, has issued under Section 87(1)(b) of that Act a Code of Good Practice on the Protection of Employees during Pregnancy and after the birth of a child. The Schedule (hereinafter referred to as “the code”)…
DYK – A Registered Trade Union’s Failure To Comply With Section 21 Requirements May Justify An Employer’s Refusal To Meet With The Trade Union?
Registered trade unions that wish to obtain any organisational rights in terms of the Labour Relations Act (LRA) 66 of 1995 need to notify the employer of this intention. Section 21(1) and (2) of the LRA states that this notification needs to comply with the following requirements: It needs to be in writing; It must…