Under the Employment Equity Act, the Minister of Employment and Labour has published on 03 March 2022 the new: CODE OF GOOD PRACTICE ON THE PREVENTION AND ELIMINATION OF HARASSMENT IN THE WORKPLACE. This new Code has repealed the Code on handling Sexual Harassment in the Workplace. Please see attached. The new Code is much… Continue Reading
Independent Workplace Investigations
What is a workplace investigation? Bregman Moodley Attorneys conduct independent and objective workplace investigations to establish the facts relating to significant wrongdoing, misconduct, or ethical lapses at work, usually part of the organization’s grievance and disciplinary procedure. The investigation findings are used for the employer to decide on disciplinary steps to follow. Sharusha Moodley has… Continue Reading
Can an Employer exercise discipline over an employee for off-duty misconduct?
By Sharusha Moodley It may happen that an employee’s misconduct does not fall within the express terms of an employer’s disciplinary code. E.g., the misconduct complained of – such as an assault of another employee – occurred outside the workplace or working hours. Nothing prevents an employer from disciplining the employee if a factual enquiry into… Continue Reading
Sexual harassment and when the business is liable
When is an employer liable for sexual harassment in the workplace? The Labour Court addressed the question of the employer’s vicarious liability in National Union of Metal Workers of South Africa and Another v Passenger Rail Agency of South Africa JS1071/18 (23 September 2021) (the PRASA case). The judge found that “this matter turns on… Continue Reading
Can I be fired if I refuse to be vaccinated?
Is it constitutional to force an employee to be vaccinated against Covid? The opinion worldwide seems to be that there must be a balance between an employer’s obligation to provide a safe and secure working environment and an employee’s right to freedom and security of person. This includes the right to bodily integrity and the… Continue Reading
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?
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
COVID-19 Update