2021 Newsletters Archives

Zimbabwean exemption permit (ZEP) – status of Zimbawean employee’s in the republic of South Africa

IAdmin | 28 October 2022

The Minister of Home Affairs effectively ended the ZEP, which applies to Zimbabwean Nationals working and living in the Republic of South Africa, on the 31st of December 2021. This resulted in numerous Zimbabweans not being able to apply for an extension of the ZEP and, as a result, are facing deportation should they not … Zimbabwean exemption permit (ZEP) – status of Zimbawean employee’s in the republic of South Africa

When does an employment relationship come into existence?

IAdmin | 21 October 2022

Questions are frequently raised regarding the employment relationship, specifically ‘when the employment relationship comes into existence. Based on the recent matter of Tsoaeli v Workerslife Management Services (Pty) Ltd (2020) 41 ILJ 2939 (CCMA), it is from the moment the offer of employment is made. In this case, the employee had been appointed as COO by the … When does an employment relationship come into existence?

Contracts of employment: when there is no written contract

IAdmin | 7 October 2022

According to section 29 of the Basic Conditions of Employment Act of 1997, an employer is obligated to provide the employee with certain written particulars of their employment as a minimum requirement. They are to do so by no later than the first day of employment. Such particulars are defined as the following: The employer’s … Contracts of employment: when there is no written contract

URGENT NOTICE – NATIONWIDE PROTEST ACTION ON 7 OCTOBER 2022

IAdmin | 6 October 2022

The Congress of South African Trade Unions (COSATU) will embark on nationwide protest action across all nine provinces on Friday, the 7th of October 2022, to mark the World Day for Decent Work. The protest action is protected under Section 77 of the Labour Relations Act 66 of 1995. Accordingly, companies cannot dismiss employees for … URGENT NOTICE – NATIONWIDE PROTEST ACTION ON 7 OCTOBER 2022

WHEN CAN DISCRIMINATION BE CONSIDERED FAIR?

IAdmin | 30 September 2022

Section 6 (1) of the Employment Equity Act 55 of 1998 provides that no person may unfairly discriminate, directly or indirectly, against any employee in any employment policy or practice. Discrimination includes sex, race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political … WHEN CAN DISCRIMINATION BE CONSIDERED FAIR?

DEDUCTIONS FOR DAMAGES AS A RESULT OF AN EMPLOYEE’S ACTIONS

IAdmin | 15 July 2022

The Basic Conditions of Employment Act indicates that an employer may deduct damages suffered as a result of negligence or other forms of misconduct committed by the employee resulting in losses to the company.

Dismissals based on poor performance

IAdmin | 8 July 2022

One of the reasons why employers look to discipline employees is as a result of poor employee performance. Employers however often do not realise that poor work performance is a form of incapacity and does not constitute misconduct or negligence.

EMPLOYEE OR INDEPENDENT CONTRACTOR?

IAdmin | 1 July 2022

An employment relationship is based on a contract of service, whereby the individual renders his services to the employer on an indefinite basis in return for remuneration. An independent contractor relationship is based on a contract for service whereby the contractor will complete a specific task and will be paid on completion thereof (The South African Labour Guide).

The Application of Progressive Discipline and Appropriateness of Dismissal

IAdmin | 24 June 2022

Progressive discipline is a system of discipline where the penalties increase upon repeat occurrences. The concept is embedded in schedule 8 of the Labour Relations Act which states…

SHOULD TRADITIONAL RITUALS AND BELIEFS BE OVERLOOKED

IAdmin | 17 June 2022

There are many circumstances when an individual’s religious observances, beliefs and viewpoints enter the workplace.

2021 Newsletters

Categories