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
Employer liability for damages caused by sexual harassment in the workplace
The news is replete today with the Me-Too movement against the widespread prevalence of sexual assault and harassment, especially in the workplace. When can an employer be liable for acts of sexual assault and harassment by one of its employees? Vicarious liability is a legal doctrine that assigns liability for an injury to a person… Continue Reading
Why Attend Our Next Labour Law Seminar?
Labour law in South Africa can be a complicated matter for business owners and administrators, with many employers facing issues with employment law that seem nearly impossible to circumvent. As an important issue not just for businesses but South African society as a whole, employers can stand to maintain better relations with both their employees… Continue Reading
There is always a solution
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
Conversations recorded without your consent can be used against you
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
Long v South African Breweries
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
COVID-19 Update