In Test

2022 Newsletters

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 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

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

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

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

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

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

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?

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

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

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