- Bregmans

Featured Articles

Do you have a bully in the workplace?

Do you have a bully in the workplace? Source: Deirdre Viljoen, Forensic Manager, Edward Nathan Sonnenbergs With the recent headlines regarding the University…
What is the CCMA?

What is the CCMA? CCMA is an acronym for The Commission of Conciliation Mediation and Arbitration. The CCMA is an independent body, set up by…
Pregnancy and the workplace

Pregnancy and the workplace Female employees have a right to four months maternity leave. Leave Female employees have a right to four months…
Increase in earnings threshold

Increase in earnings threshold 1 July 2013: Employers need to revisit their employee’s employment contracts to fall in line with the protections that the…
Time limits in which to deal with labour issues

Time limits in which to deal with labour issues This article discusses time limits TIME LIMITS NATURE OF COMPLAINT TIME PERIODS Unfair Dismissals …
Dismissal for incapacity

Dismissal for incapacity Guidelines for determining the fairness of a dismissal as well as the procedure to be followed in implementing a…
What to do if your employee quits on little

What to do if your employee quits on little or no notice? Stipulate in the employment contract that should the employee terminate the employment contract…
Maternity leave

Maternity leave This article explains the law relating to maternity leave Source: HER LAW – Making the law work for you By: Adv. M. Nagtegaal, J….
Domestic Workers – What you should know

Domestic Workers – What you should know The Department of Labour has published a useful guide Download the full 32 page guide on everything you need to…
Reasonable expectation of renewal of a fixed-term contract

Reasonable expectation of renewal of a fixed-term contract The LAC found that an expectation of permanent employment could not give rise to a…
The pro’s and con’s of labour brokers

The pro’s and con’s of labour brokers It has become more and more common for companies to use the services of an outside party (called a temporary…
Must I work overtime?

Must I work overtime? Different rules apply to certain employees There is a difference between certain employees. The Basic Conditions of…
The admissibility of polygraph tests

The admissibility of polygraph tests When is a polygraph test admissible? Our case law is uncertain. In misconduct matters an employer must present…
Sexual harassment

Sexual harassment What, exactly, is sexual harassment? Source: HER LAW – Making the law work for you by M. Nagtegaal Sexual harassment in the…
Take a polygraph test or else…

Take a polygraph test or else… Can an employee be dismissed if he refuses to take a polygraph test? In a matter that came before the CCMA, the…
Two summaries that must be displayed

Two summaries that must be displayed What legal posters must you display? Several legal posters summarising pieces of legislation are available but,…
HIV status, discrimination and compensation

HIV status, discrimination and compensation An employee failed to state his HIV status and was dismissed. Was this fair? Allpass v Mooikloof…
Dismissal for misconduct

Dismissal for misconduct SCHEDULE 8 (CODE OF GOOD PRACTICE: DISMISSAL) of the Labour Relations Act deals with some of the key aspects of dismissals for…
Medical Boarding – dismissal for incapacity

Medical Boarding – dismissal for incapacity When can you dismiss someone who can no longer work because of incapacity caused by ill health or…
Labour Law services that Bregmans provide

Labour Law services that Labour³ provides Our specialist labour law service offering Training, advice and audits We give specialised legal advice on every…
How to conduct a Disciplinary Hearing

How to conduct a Disciplinary Hearing This is a synopsis of the procedure that a chairperson of a disciplinary hearing follows Introduction The…
About Disciplinary Hearings

About Disciplinary Hearings Employees may find themselves required to appear in a disciplinary hearing for alleged misconduct. An employee may be…
Threshold Earnings and the BCEA

Threshold Earnings and the BCEA From 1 July 2011, employees earning more than the new threshold of R 172,000.00 per year will not automatically…
Can a person resign by email?

Can a person resign by email? Can a person can resign from a job by email where the employment contract requires resignations to be in writing….
Resignation by SMS can be final, warns labour law firm

Resignation by SMS can be final, warns labour law firm Employees should be careful in their use of technology to communicate with their bosses…
What constitutes a ‘valid’ medical certificate (or sick note)?

What constitutes a ‘valid’ medical certificate (or sick note)? Rule 15(1) of the Ethical and Professional Rules of the Medical and Dental…
Apologise and save your job

Apologise and save your job In the case of Gordon Timothy v Nampak Corrugated Container the Labour Appeal Court (LAC) sent out a strong warning to…
Probation is not the easy way out for employers

Probation is not the easy way out for employers Contrary to popular belief a probation clause is not a licence to fire the employee at will Source: Ivan…
Transgender judgments set new benchmarks

Transgender judgments set new benchmarks Two Labour Court judgments have set new benchmarks regarding unfair discrimination and the protection of…
Beware of Employees Committing Misrepresentation

Beware of Employees Committing Misrepresentation The need for employers to be able to trust their employees is crucial. For example, employers need…
Retirement age: what are your rights?

Retirement age: what are your rights? Eventually, everyone needs to stop working. Some people prefer to retire at an early age while others choose to…
Absenteeism and the Law

Absenteeism and the Law Absenteeism can be a nightmare for employers Source: A M Carrim, Convener, Labour Law and ADR Committee, Limpopo Law…
Conciliation and Arbitration – The Process

Conciliation and Arbitration – The Process Most employment disputes in South Africa are referred to the CCMA for resolution. The first stage of…
Grievance Policy and Procedure

Grievance Policy and Procedure This a sample of a Grievance Policy and Procedure. Consult your attorney or labour specialist to design a document that…
How to address a grievance

How to address a grievance A grievance is any feeling of dissatisfaction or perceived unfair treatment, which employees experience in relation to…
Constructive dismisal

Constructive dismisal This article discusses what constitutes constructive dismissal Source: André Claassen
Theft in the workplace

Theft in the workplace Is theft a dismissible offence? Most people think that theft in the workplace – even of an item of nominal value – entitles an…
‘Special leave’ for troublesome staff outlawed

‘Special leave’ for troublesome staff outlawed PUBLIC employers who put troublesome staff on indefinite paid ‘special leave’ will have to mend…
Lie detector ruled invalid as substitute for disciplinary hearing

Lie detector ruled invalid as substitute for disciplinary hearing Subjecting employees to a lie-detector test is no substitute for a disciplinary hearing,…
How fixed are fixed term contracts?

How fixed are fixed term contracts? Unless you are really employing someone for a limited period only don’t think you can get around our tough…
Deduction from salaries for days absent

Deduction from salaries for days absent There is an obligation on the employee to be at work and to actually work in order to be remunerated. If…
When dishonesty justifies dismissal … and when it doesn’t

When dishonesty justifies dismissal … and when it doesn’t A common dilemma, with which employers in all areas of industry are faced, is the…
Measures must be taken to minimize the effects of dismissals

Measures must be taken to minimize the effects of dismissals Section 189(2) of the Labour Relations Act sets out what steps must be followed …
Smoking in the workplace

Smoking in the workplace The Tobacco Products Control Act provides for the protection of non-smokers – it does not provide any benefit or…
Claiming procedure for injuries on duty

Claiming procedure for injuries on duty The correct reporting and recording procedures of work related injuries. Source: Tinus Boshoff on 083 659…
Dismissal can be a legal minefield

Dismissal can be a legal minefield An employer has to consider carefully whether to end an employee’s contract Jacques van Wyk of Werksmans…
Getting to Grips with One Month’s Notice

Getting to Grips with One Month’s Notice Samro case sheds some light on the obligation of employees when resigning Sasun Stelzner and Liezl-Mari…
Key Role of the Disciplinary Chair

Key Role of the Disciplinary Chair The Labour court rules on whether an employer can overturn the sanction imposed by disciplinary inquiry Felicia Van…
Domestic workers – employment guidelines

Domestic workers – employment guidelines Useful guidelines concerning the terms of employment of domestic workers Notice period and termination of…
Dismissal as a result of ill-health

Dismissal as a result of ill-health Every employee has the right not to be unfairly dismissed. The Labour Relations Act of 1995 recognises three…
Can an employee resign and then a week or so later withdraw the resignation?

Can an employee resign and then a week or so later withdraw the resignation? As a general principle an employee can’t retract his or her…
Retrenchment and measures how to avoid retrenchment

Retrenchment and measures how to avoid retrenchment Retrenchment is nothing but a dismissal for operational reasons, which can include a variety of…
Retrenchment checklist

Retrenchment checklist If you are considering retrenchment this is a useful guideline to follow Subject Item Yes/no – Reasons Consultation …
Everything you need to know about leave

Everything you need to know about leave This article describes what leave you are entitled to Source: Derek Jackson of the South African Labour…
Dismissal for operational requirements

Dismissal for operational requirements The Labour relations Act defines “operational requirements” to mean “requirements based on the economic,…
Notification regarding possible retrenchments

Notification regarding possible retrenchments If your company is facing a slowdown and it appears that retrenchments are inevitable there are steps…
Early retirement

Early retirement What can an employer do if it wants an employee to take early retirement? If there is an employment contract it should provide for…
Dismissal relating to pregnancy

Dismissal relating to pregnancy Section 187 of the LRA lists certain types of dismissals which are classified as “automatically unfair.” Regarding…
When can you suspend an employee?

When can you suspend an employee? This article discusses the three minimum requirements for a fair suspension Source: Chris Todd of Bowmans The…
Code of Good Practice on the Handling of Sexual Harassment Cases

Code of Good Practice on the Handling of Sexual Harassment Cases The objective of this code is to eliminate sexual harassment in the workplace….
Minimizing Liability at Company Holiday Parties

Minimizing Liability at Company Holiday Parties With the holiday season upon us, an employer should create an atmosphere where employees can enjoy a…
Christmas Party Season And Sexual Harassment Claims

Christmas Party Season And Sexual Harassment Claims Sexual harassment claims are common following end of year celebrations and businesses are…
First Aid

First Aid When should first aid be provided at the workplace? Source: \n This email address is being protected from spambots. You need JavaScript enabled…
Time off work – a prerequisite

Time off work – a prerequisite A holiday at least once a year is generally regarded as good for productivity, is probably necessary to the…
Conducting Investigations of Wrongful Workplace Conduct

Conducting Investigations of Wrongful Workplace Conduct With perhaps discouraging frequency, companies need to conduct investigations into…
Top 10 Tips to Being a Star Witness

Top 10 Tips to Being a Star Witness This article prepares you as a witness at a disciplinary hearing or the CCMA _uacct = “UA-1937700-1”; urchinTracker(); Top 10 Tips to…
Employer Monitoring of Workplace Electronic Communications

Employer Monitoring of Workplace Electronic Communications Many employees are required to sign policies whereby they agree that their employers…
More on Constructive dismissal

More on Constructive dismissal Constructive dismissal occurs where an employee resigns because of his employer’s behaviour. _uacct =…
Psychological Harassment and Managerial Rights

Psychological Harassment and Managerial Rights This articles distinguishes psychological harassment from an employer’s managerial rights. _uacct =…
What if the employee changes his mind about resigning?

What if the employee changes his mind about resigning? The short answer is that the employee does not have the right to resign _uacct =…
Summary of the Employment Equity Act

Summary of the Employment Equity Act Summary of the Employment Equity Act, 55 of 1998, issued in terms of Section 25(1) _uacct = “UA-1937700-1”; urchinTracker(); Summary of the…
Basic Conditions of Employment Act, 1997 summary

Basic Conditions of Employment Act, 1997 summary A summary of the provisions of the most important sections of the Basic Conditions of Employment Act,…
Constructive Dismissal

Constructive Dismissal What constitutes constructive dismissal. _uacct = “UA-1937700-1”; urchinTracker(); Constructive Dismissal…
Getting Fired Without Getting Fired: A Constructive Dismissal

Getting Fired Without Getting Fired: A Constructive Dismissal What Constitutes Constructive Dismissal? _uacct = “UA-1937700-1”; urchinTracker(); Getting…
24 hour’s notice of termination

24 hour’s notice of termination What are your legal remedies if your employee gives you only 24 hour’s notice? 24 hour’s notice of termination An…
Probationary employees

Probationary employees You are entitled to require a newly hired employee to serve a period of probation before confirmation of his or her…
The payment of bonuses

The payment of bonuses There is no statutory requirement in labour law to pay bonuses of any sort, and any such payments that are made are not…
Poor Performance Procedures

Poor Performance Procedures When can you dismiss an employee for performing poorly at work _uacct = “UA-1937700-1”; urchinTracker(); Poor Performance…
Retrenchments for profit

Retrenchments for profit Our labour laws recognise the right of an employer to dismiss employees for a reason based on its operational requirements without…
Do you need help in formulating workplace policies for your employees?

Do you need help in formulating workplace policies for your employees? We can draft workplace policies for your employees such as maternity,…
Overtime work

Overtime work In what circumstances can an employee be required to work overtime and what must you pay him or her? _uacct = “UA-1937700-1”; urchinTracker(); …
Psychological harassment in the workplace

Psychological harassment in the workplace Much has been written in our law about sexual harassment in the workplace but there is scant authority on…
No legal right not to be retrenched by virtue of being black and a woman

No legal right not to be retrenched by virtue of being black and a woman In a judgment handed down by the Johannesburg Labour Court on Tuesday, 24…
Recent labour law decisions (August 2006)

Recent labour law decisions (August 2006) Talita Laubscher of Bowman Gilfillan Attorneys published these case commentaries in De Rebus, the South…
Fixed-term employments contracts

Fixed-term employments contracts Employers should give due consideration to the feasibility of a fixed-term contract in the context of their…
Motivate your employees to be star performers

Motivate your employees to be star performers Motivational problems in your company or team can seriously affect staff morale and performance. If…
1 in 3 employment contracts put the employer at a disadvantage

1 in 3 employment contracts put the employer at a disadvantage The basic Conditions of Employment Act and Schedule 8 of the Labour Relations Act…
Do you pay too much to poorly performing employees and not enough to the good ones?

Do you pay too much to poorly performing employees and not enough to the good ones? Your employees are one of your most expensive overheads….
How to lead you company towards success using agreed objectives and work delegation

How to lead you company towards success using agreed objectives and work delegation Effective leadership is about guiding your employees along the…
When, why and the reasons you are allowed to dismiss

When, why and the reasons you are allowed to dismiss This article examines the law surrounding dismissal of staff When, why and the reasons you are…
Employees owe more than just punctuality and hard work

Employees owe more than just punctuality and hard work The best managers are not those who dismiss as many employees as possible with a ‘golden…
Dismissal for refusing to sign a contract

Dismissal for refusing to sign a contract Employers are often at a loss when an employee refuses to sign a contract of employment. Can the employee be…
Are the Competition Authorities the new Watchdogs of Employment?

Are the Competition Authorities the new Watchdogs of Employment? If parties are planning retrenchments as a result of a merger it is likely that the…
Wage Board

Wage Board The Wage Act, 1957, established a Wage Board to investigate wages and working conditions in specific industries, trades and undertakings in…
Try to solve disputes before it is too late

Try to solve disputes before it is too late The recent strikes at Pick ‘n Pay and South African Airways illustrate the damage that they can cause …
Trade Unions

Trade Unions A trade union is an association of workers grouped together in one organisation to represent members in their dealings with employers. …
The stages in management of employee performance: a labour law perspective

The stages in management of employee performance: a labour law perspective Advocate M H Marcus discusses the need to apply a performance management…
The Prohibition of Unfair Discrimination in the Workplace

The Prohibition of Unfair Discrimination in the Workplace The purpose of the Employment Equity Act (EEA) is to achieve equity in the workplace The…
The end of Outsourcing as we know it?

The end of Outsourcing as we know it? Section 197 of the Labour Relations Act (the Act) regulates the employment law consequences of a transfer of…
The Draft Codes of Good Practice on Broad-Based Black Economic Empowerment

The Draft Codes of Good Practice on Broad-Based Black Economic Empowerment The draft Codes of Good Practice on Broad-Based Black Economic…
Strikes

Strikes Stopping work to back up a demand Strikes Stopping work to back up a demand The Labour Relations Act, 1995, (LRA) provides a framework for…
Statutory Councils

Statutory Councils A statutory council is a body established under the Labour Relations Act, 1995, in an area or sector of industry where no…
Labour Court

Labour Court A brief description of the operation of the Labour Court Labour Court Source: Reader’s Digest’s You and Your Rights The Labour Court…
Employers have duty to protect employees

Employers have duty to protect employees Employers could face heavy financial damages if they fail to protect staff from sexual harassment at work…
Employer bound by retirement age in contract

Employer bound by retirement age in contract South African law provides that it is unfair to dismiss an employee based on age unless he or she has…
Don’t side with cheating colleagues

Don’t side with cheating colleagues From time to time, an act of misconduct is committed at work before witnesses, who choose to remain passive in…
Don’t count on the law if your boss makes life unbearable

Don’t count on the law if your boss makes life unbearable EMPLOYEES who are forced to resign because their employers have made the continuation of…
Disputes at work

Disputes at work Resolving conflict between employers and employees Disputes at Work Resolving conflict between employers and employees The Labour…
Companies must clarify leave policy

Companies must clarify leave policy Two recent court cases have confused the issue in respect of leave pay, specifically regarding accrued leave. …
Collective Agreements

Collective Agreements In terms of the Labour Relations Act, 1995, a collective agreement is a written agreement concerning the terms and conditions of…
BEE compliance can never be justification for dismissal

BEE compliance can never be justification for dismissal While there is enormous pressure on South African businesses to transform, employers should be…
Bargaining Councils

Bargaining Councils Regulating labour relations in industry Bargaining Councils Regulating labour relations in industry A bargaining council (formerly…