When it comes to the business environment, there are different methods that can help an employer solve a dispute or disagreement between employees. Conflict management is key in controlling the relationships that occur within the business or maybe even at home. Whatever the argument may be about it is always best to fix what issue… Continue Reading
When can conversations recorded without your consent be used against you Today it is so easy for an employer or employee to record a conversation, using a cellphone. Must the other party consent to such recording, before it can be used for or against him or her in a court of law, disciplinary enquiry, etc.?… Continue Reading
Constitutional Court confirms it is not necessary to hold a pre-suspension hearing. In Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7 the Constitutional Court confirmed that there is no requirement to afford the employee an opportunity to make representations prior to the implementation of his/her precautionary suspension by an employer. The… Continue Reading
Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA) WHAT IS POLYGRAPH TEST It is a test used to verify a person’s truthfulness and is often called a ‘Lie Detector Test.’ IS THERE ANY LAW CONTROLLING USE OF POLYGRAPH IN SOUTH AFRICA? Polygraph testing is a fairly new concept in South Africa, especially in… Continue Reading
Can or should you allow a forklift driver to drive a forklift at work if you know that he has been drinking at work, but a test reveals that his blood alcohol level is within legal parameters? Of course not! All employers must have a written Alcohol and Drug Abuse Policy in place, which provides… Continue Reading
Every employee has a responsibility to maintain your company’s image and to use emails in a productive manner and to avoid placing your company at risk. To do so, you really should have an email usage policy in place, so that your employees understand that all messages distributed via your email system, even personal emails,… Continue Reading
In Enviroserv Waste Management v Interwaste (Pty) t/a Interwaste Environmental Solutions and Others (P408/15) [2015] ZALCPE 6, the court had to decide if the expiry of a limited duration contract with a service provider and the awarding of the tender for the provision of such services to a new service provider, constituted a transfer of… Continue Reading
The maternity leave options contemplated in terms of the Basic Conditions of Employment Act, 1997 (“the BCEA”) provide that: A mother has the right to four months of unpaid maternity leave in terms of the BCEA. This does not apply to male employees, who, at law, may take three days leave in terms of their… Continue Reading
CCMA certification of an award found to be ultra vires. The Labour Court recently considered the effect of the amendments to the LRA and in particular the application of s143 and held that the certification of an award followed by its execution through the Sheriff is ultra vires. Accordingly, s143 does not give the CCMA… Continue Reading
A worker, placed at a client by a labour broker, has two employers, once he has worked for the client for more than three months. In a recent Labour court decision, the court in Assign Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and others [2015] JOL 33875 (LC), had to decide on the legal effect… Continue Reading
