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CONTRACT TRANSFERS CAN CONSTITUTE SECTION 197 TAKEOVERS
Section 197 of the Labour Relations Act (LRA) places heavy responsibilities on the employer who takes over the business (or part thereof) of another employer as a going concern. This section forces the new employer to take over all the labour related obligations of...
EMPLOYERS ARE NOT PROTECTED BY THE CORPORATE VEIL
The Labour Relations Act (LRA), in its definition section says that an employee is someone who works for an employer. However, the designers of the LRA failed to define the term ‘employer’. This renders confusing our understanding of what an employer is and what an...
The benefit of strong boundaries
Do you often feel taken advantage of, or that you give too much without getting anything back in return – both in your personal and professional life? It might be worth considering whether this is because your personal boundaries are not clear or strong enough....
Employers: UNFAIR DISCIPLINE CAN CAUSE CONSTRUCTIVE DISMISSAL
Constructive dismissal means that the employee resigns and claims that the resignation occurred not because the employee wanted to leave but as a result of the employer’s intolerable conduct. Due to the fact that the employee alleges that the resignation was...
Employers: DISCRIMINATION CAN SICKEN EMPLOYERS
Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on twenty arbitrary grounds including race, age, disability, sex and many others. Discrimination at the workplace need not always be unfair. For example, giving company...
BRIBERY AND CORRUPTION AN EMPLOYER’S NIGHTMARE
With the current international financial crisis, credit crunch, spiralling prices of goods, job losses and scarcity of new jobs it is not surprising that the use of bribery and corruption for the purposes of satisfying needs is thriving. Frequently, it is employees...
Fundi’s Bursary Support Programme helps you manage your bursary fund allocations online.
Fundi’s Bursary Support Programme helps you manage your bursary fund allocations online, while enabling your students to successfully complete their studies.
IS INTERCEPTION OF EMPLOYEE EMAILS LEGAL?
The Regulation of Interception of Communications and Provision of Communication-related Information Act, number 70 of 2002 (RICA) came into effect at the end of September 2005. This act places very tight restrictions on employers wishing to monitor telephonic, e-mail...
The cascading impact of COVID-19 on employers
COVID-19 has brought unprecedented disruption and destruction to not only our lives but the life of our economy. For the month of May 2020, Stats SA reported that 25.8% of companies reported laying off staff for the short term. Even worse, 80.2% of companies reported...
Employers – Allegations not enough to win cases.
Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee was...
Employers: TEN MILLION REASONS TO GET POPI COMPLIANT – NOW
South Africa’s Constitution gives every person the right to privacy and requires that legislation be promulgated to implement this right. As a result the Protection of Personal Information Act of 2013 (POPI) was drawn up but did not come into effect for seven years...
EMPLOYEES CAN DRIVE EMPLOYERS CRAZY
Labour law protects ill, injured and disabled employees in a number of ways. Firstly, the Basic Conditions of Employment Act entitles ill or injured employees to sick leave of one day’s paid leave for every 26 days worked in each three year cycle. Employees do not,...
INSTANT RESIGNATIONS A PROBLEM FOR EMPLOYERS
What can employers do if employees leave without working the required notice? Firstly, the employer can apply to court to issue an urgent order of specific performance. This is an order requiring the employee to work-in the required notice.
Employers beware – Videotape evidence not always legal
It is often very difficult for employers
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