A client asked: “Can my employee keep me on as a temporary employee, indefinitely, and dismiss me whenever it feels like it?” Regarding temporary employment contracts, our Labour Relations Act (LRA) provides that: If a company employs a person for longer than three months, he or she would be ‘deemed’ to be an ‘indefinite period employee’… Continue Reading
Polygraph tests in the workplace
Can an employer dismiss an employee if he fails a lie detector test? The Labour Appeal Court dealt with this issue in DHL Supply Chain (Pty) Ltd v De Beer No and Others (2014) (LAC), where it held that the mere fact that an employee fails a polygraph test is not in itself sufficient to find an… Continue Reading
Damages sustained at work – who is liable?
What is an accident at work? The Compensation for Occupational Injuries and Diseases Act, 1993 (“COIDA“) defines an accident as “an accident arising out of and in the course of an employee’s employment and resulting in a personal injury, illness or the death of the employee”. COIDA provides that if an employee has an accident… Continue Reading
Can an employee be fired for refusing to be vaccinated?
Editor’s note: since writing this article, the Department of Employment and Labour in South Africa issued guidance on vaccination policies in the workplace. Employers seeking to implement a mandatory vaccine policy must undertake a risk assessment, See this article Countless South Africans are anxiously awaiting their chance to get vaccinated against the novel coronavirus (COVID-19). However,… Continue Reading
Can I refuse to go to work during the lockdown?
The Covid-19 pandemic has sown fear and confusion. People have lost their jobs and others are scared to go to work and be with co-workers. Can an employee reasonably refuse to work in an office or workplace? In the recent CCMA case of Botha v TVR Distribution, the CCMA found that if an employer issues a… Continue Reading
Resignation with Immediate effect in the face of Misconduct Allegation
Can an employee resign with immediate effect in the face of misconduct allegations? There have been conflicting decisions and uncertainty whether an Employer can still take disciplinary action against an Employee who resigned with immediate effect in the face of misconduct allegations. In the matter of The Standard of Bank of South Africa Limited v… Continue Reading
Employment rights under lockdown
What happens if a business is forced to close because of Covid-19 and it becomes impossible for an employer and employee to perform under an employment contract? The law states that if both employer and employee are unable to do so, then the obligations of both parties are suspended, until the lockdown ends, and it… Continue Reading
CCMA’S DIGITAL CASE REFERRAL AND APPLICATION PLATFORM
The Commission for Conciliation, Mediation and Arbitration (CCMA) has introduced a free digital platform for CCMA Users to refer conciliation and arbitration disputes and make enforcement and/or condonation applications via https://cmsonline.ccma.org.za The digital referral and application platform eliminates the need for physical travel and physical contact with others. You can complete all these forms online:… Continue Reading
Continuing to work after a fixed-term contract ends
A fixed-term contract automatically ends on completion of a specified task or project, or on a fixed date. What is the status of an employee if a fixed-term contract ends but the employee continues working and the employer continues to pay the employee? Does that mean that the fixed-term contract is renewed or is the… Continue Reading
New Parental Leave Provisions
In terms of recent changes to Basic Conditions of Employment Act (BCEA), from 1 January 2020, the BCEA makes provision for parental leave, adoption leave and commissioning parent leave (surrogacy arrangements). Parental, adoption and commissioning parental leave will be unpaid but employees can submit claims to the Unemployment Insurance Fund to qualify for payment of… Continue Reading
COVID-19 Update