Resignation During A Disciplinary Hearing

A client asked me if an employer is obliged to accept an employee’s resignation before or during a disciplinary hearing, when he (or she) is unsure of the outcome and would prefer to avoid a blemish of dismissal on his or her record. An employer is not obliged to halt the process and accept the… Continue Reading

Do you have a gift policy?

To prevent your staff, especially buyers, from being tempted to accept ‘gifts’ for favours, you may want to implement this basic policy. POLICY GUIDELINES REGARDING RECEIPT OF GIFTS COMPANY NAME: __________________________________ DATE ISSUED: __________________________________ IMPLEMENTED BY: __________________________________ APPROVED BY: __________________________________ This policy includes but is not limited to: Presents of any nature Cash or cheques… Continue Reading

All about annual leave

The provisions in the Basic Conditions of Employment Act that apply to annual leave do not apply to an employee who works less than 24 hours per month or to employees who earn above the earnings threshold laid down in the Act (currently as from 1 July 2014, R205 433.30 per annum); Employees are entitled… Continue Reading

Beware the consequences of not following appropriate retrenchment procedures

In Mawer v Nortech International (Pty) Limited [2014] JOL 32512 (LC) the Labour Court had to consider whether Mawer’s retrenchment was substantively and procedurally fair and, if not, if he should be reinstated or compensated. Section 189 of the Labour Relations Act 66 of 1995 (the LRA) regulates dismissals based on operational requirements. Based on… Continue Reading

What notice period must an employee give?

The Basic Conditions of Employment Act provides that an employee’s employment may terminate only on notice of not less than four weeks where the employee has been employed for one year or more. The employer and the employee may also agree to a longer notice period. This is often the case with senior employees, where notice… Continue Reading

Constructive Dismissal – the how’s and why’s

186 (1) (e) of the Labour Relations Act provides that one of the definitions of “dismissal” is where an employee terminates a contract of employment with or without notice because the employer made continued employment “intolerable” for the employee. If an employee resigns when conditions in the workshop are so bad that s/he has no… Continue Reading

Alcohol in the workplace

Office parties Your employees relax in the office pub on a Friday afternoon. They get a bit tipsy and one employee has a car accident on the way home. Are you, as the employer, liable for damage caused to a third party by an intoxicated employee? In South Africa, employers can be held responsible for… Continue Reading

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