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Employers: Dismissals can be incompatible with the law
Employees who are seen as trouble makers, eccentrics, disruptive, disagreeable, pushy, non-compliant, independent or who merely refuse to ‘suck up’ to the boss often find themselves on the wrong side of the exit door. In the absence of statutory guidance, case after...
Employers: DISMISSING SHOP STEWARDS IS NOT EASY
The term ‘shop steward’ is a colloquial one and refers to the employee elected as the workplace representative by fellow employees who belong to the relevant trade union. The Labour Relations Act (LRA) officially refers to shop stewards as “trade union...
Employers: You could be stuck with re-instated employees
When it has been found that an employee has been unfairly dismissed the Labour Relations Act (LRA) requires arbitrators and judges to use reinstatement as the remedy of first resort That is, forcing the employer to take the employee back (often with full back pay)...
EMPLOYERS: YOUR DISCIPLINARY CODE KEEPS YOU ON THE RIGHT ROAD
Labour legislation requires of employers to ensure that their “…standards of conduct are clear and made available to employees in a manner that is easily understood.” Therefore, two of the many things that an employer may be required to prove when it is dragged to the...
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...