2022 Newsletters Archives

If the Employer fails to prove the initial formulated charge(s) against the employee, can the employee be found guilty and dismissed on a competent charge against them?

IAdmin | 22 December 2022

The Labour Court in Avril Elizabeth Home for the Mentally Handicapped v. Commission for Conciliation, Mediation & Arbitration & others (2006) 27 IL 1644 (LC) determined that the LRA contemplates an informal, quick disciplinary process that calls for, in essence, nothing more than a conversation and an opportunity for reflection before a decision is made to dismiss … If the Employer fails to prove the initial formulated charge(s) against the employee, can the employee be found guilty and dismissed on a competent charge against them?

The 27th of December 2022 has officially been announced as another public holiday

IAdmin | 19 December 2022

The 27th of December 2022 will be added to the list of South African public holidays and has been officially declared and announced by Pres. Cyril Ramaphosa. But what is the reasoning behind this? The reason for declaring an extra public holiday during December is to ensure compliance with legislation and our Country’s Labour Laws. … The 27th of December 2022 has officially been announced as another public holiday

How to address an instance of being under the influence of alcohol in the workplace

IAdmin | 8 December 2022

December is here, and with that comes the holiday season, which often results in employees having celebrations involving alcohol and other substances, leading to the unfortunate event where they may be under the influence of alcohol at the workplace. Alcohol policy: A clear policy in which it states that the company has adopted a zero-tolerance … How to address an instance of being under the influence of alcohol in the workplace

Ensure all employees are aware of your Compassionate / Family Leave Policy

IAdmin | 1 December 2022

In the recent Labour Court matter of Toyota South Africa Motors (Pty) Ltd v NUMSA obo Njilo and Others (D 692/19) [2022] ZALCD 12, the employer had a written compassionate leave policy in respect of the death of “immediate family” members, defined in the policy as “husband, wife, grandparents, father, mother, father-in-law, mother-in-law, sister, brother, … Ensure all employees are aware of your Compassionate / Family Leave Policy

Moonlighting

IAdmin | 25 November 2022

Is it defined in your company’s policies and procedures? Are employees allowed to hold two jobs simultaneously? Due to the high living costs, it has become more and more common for employees to search for a secondary income to supplement the income received from their primary employer. The question is whether an employer should allow … Moonlighting

Can I force an employee to retire at a certain age?

IAdmin | 17 November 2022

George Burns said: “Retirement at 65 is ridiculous! When I was 65, I still had pimples!” This might be the view of many South African employees, while others might feel the need to retire at 60 years old. Consistency regarding the retirement age needs to be applied by employers. What does the law say? Section … Can I force an employee to retire at a certain age?

Is consistently applying a workplace rule necessary?

IAdmin | 11 November 2022

We are often faced with workplace misconduct where the employer has treated similar acts of misconduct by employees differently. Consistently applying disciplinary actions and sanctions for the same or similar acts of misconduct is paramount for appropriate corrective action. Failing which, the employer is placed at severe risk. Item 7 of Schedule 8, The Code … Is consistently applying a workplace rule necessary?

The system for the submission of Employment Equity reports is now open

IAdmin | 3 November 2022

The Department of Employment and Labour reporting period for Employment Equity has officially started on the 1st of September 2022, and designated employers have until the 15th of January 2023 to submit. Employers are considered designated if they employ more than 50 employees or exceed the annual industry turnover threshold below. Regarding the Employment Equity … The system for the submission of Employment Equity reports is now open

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?

National bargaining council for the private security sector – implementation of bargaining council dispute resolution centres

IAdmin | 14 October 2022

The National Bargaining Council for the Private Security Sector (NBCPSS) has resolved the implementation of the dispute resolution centres to deal exclusively with disputes relating to the employment relationship between employers and employees in this sector. Previously the NBCPSS has in terms of Section 127 of the Labour Relations Act of 1995, been accredited to … National bargaining council for the private security sector – implementation of bargaining council dispute resolution centres

2022 Newsletters

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