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

What is a Polygraph Test?

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

Drinking and working policy

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

E-mail usage policy within a company

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

Same-Sex Couples And Paternity Leave

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

Enforcement of CCMA default awards New case law

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

So, I have two bosses?

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

When can a CCMA award be set aside?

In terms of section 145 of the LRA, a party may apply to the Labour Court on the basis of an alleged defect with a commissioner’s rulings or awards. The party who alleges such a defect must apply to the Labour Court to set aside the award within six weeks of the award being served.… Continue Reading

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