In Test

Dismissal

Assault Outside Company Premises – Consequences for Employees

One of the most serious offences committed in the workplace is physical assault. Although there might be certain justifiable defences for this type of misconduct, for example, provocation or self-defence, the Labour Court has adopted a very strict approach towards any form of assault in the workplace. Case Study In the unreported matter of Bombela Assault Outside Company Premises – Consequences for Employees

Falsified Qualifications – What is an Employer to do?

In the wake of recent news headlines, it seems not only public servants have falsified their qualifications to obtain employment, but this has also become fashionable among other job seekers. What recourse does the employer have? The Law South African legislation, through the introduction of the National Qualifications Framework Amendment Act 12 of 2019, has Falsified Qualifications – What is an Employer to do?

Changes to the Employment Terms and Conditions

In light of the current challenging economic climate within South Africa, a question that becomes prevalent is to which extent employers are entitled to vary the terms and conditions of their employees’ employment, if at all. Another critical question is what the consequences of the employee’s refusal of such change might be. Examples of such Changes to the Employment Terms and Conditions

Zero Tolerance Policies and Alcohol within the Workplace

Employees being under the influence of alcohol whilst at work has many severe consequences for employers. An employee who is under the influence can become unruly and can furthermore be a safety hazard within the workplace. The CCMA and Labour Court have historically been strict in their approach to dismissing employees who are under the Zero Tolerance Policies and Alcohol within the Workplace

CAN SUSPENSION LEAD TO AN UNFAIR LABOUR PRACTICE?

Employees are often placed on suspension pending a disciplinary inquiry. A suspension allows the employer to investigate the suspected or alleged misconduct and to decide whether disciplinary action should be taken against the employee. Employees are often also placed on suspension as employers fear that they would interfere with the smooth running of such an CAN SUSPENSION LEAD TO AN UNFAIR LABOUR PRACTICE?