Temporary employment laws in South Africa

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?

Countless South Africans are anxiously awaiting their chance to get vaccinated against the novel coronavirus (COVID-19). However, in many countries, some people have refused to be inoculated. Our President made it clear that this is a voluntary vaccine. While no firm regulations are in place around international and interstate travel, some countries may require travellers… 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

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

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