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Employee

What to do when an employee is dishonest about their previous criminal history

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When an employee intentionally deceives their employer by lying about or concealing their past criminal record, the repercussions can be far-reaching and detrimental to both the employee and the employer. Employers rely on the information provided by prospective employees to make informed decisions about who to employ. When a candidate fabricates or conceals details about … What to do when an employee is dishonest about their previous criminal history

Do I have the right to legal representation in a disciplinary inquiry?

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Most employers’ disciplinary procedures and codes do not allow for legal representation. Generally, either the notice to attend a disciplinary inquiry will expressly state that no outside representation is permitted, or it will stipulate that the employee has the right to be represented by a representative from the workplace or if they are members of … Do I have the right to legal representation in a disciplinary inquiry?

Landmark Court Ruling Transforms Maternity and Parental Leave Rights

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On 25 October 2023, Deputy Judge President Sutherland handed down the judgment of Van Wyk and Others v Minister of Employment and Labour [2023] ZAGPJHC 1213. This judgment fundamentally changes how maternity and parental leave will be dealt with in the future. The background to the matter: The matter emanated from the Van Wyk family’s … Landmark Court Ruling Transforms Maternity and Parental Leave Rights

Family Responsibility Leave – When do I Qualify?

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Employers often find themselves confronted by employees who want to take family responsibility leave for various personal reasons. However, it’s essential to determine their eligibility for such leave. If they are not eligible, what alternatives can employers consider? The Basic Conditions of Employment Act of 1997 (BCEA) includes provisions for different types of leave, and … Family Responsibility Leave – When do I Qualify?

Navigating the Legal Framework of Maternity Leave: A Guide for Employers & Employees

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Maternity leave occupies a key position in the dynamic world of labour relations, embodying statutory requirements and moral obligations. Ensuring the protection of pregnant women’s rights and well-being in the workplace, maternity leave in South Africa is a fundamental pillar of employment regulations.  Legal Framework: Maternity leave in South Africa is governed by Sections 25 … Navigating the Legal Framework of Maternity Leave: A Guide for Employers & Employees

Navigating Disciplinary Proceedings for Individuals with Mental Disabilities and Mental Illness in South Africa

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Disciplinary proceedings play a vital role in upholding discipline and fairness within organisations across South Africa. Nevertheless, when it concerns individuals with mental disabilities or mental illness, additional considerations and procedures are essential to ensure a just and equitable disciplinary process. In employment, a complex situation can arise where mental illness intersects with disciplinary action. … Navigating Disciplinary Proceedings for Individuals with Mental Disabilities and Mental Illness in South Africa

Amendments to CCMA Rules

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As of 24 April 2023, the CCMA amended many of their rules. The CCMA has indicated that these amendments promote greater social justice and equality. Some of the amendments will impact companies, and being familiar with the changes is essential. Condonation for late referral to the CCMA Employees have 30 days to refer unfair dismissal … Amendments to CCMA Rules

Rights and Constraints During Strike Action

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Insights from Basic Conditions of Employment Act During strike action, Employers face their rights and limitations, which might not be immediately apparent when considering the concept of a “strike.” The consequences for an Employer and their organisation tend to be overshadowed.  The Labour Relations Act (LRA) defines a strike as “a partial or complete concerted … Rights and Constraints During Strike Action

AI in the workplace – Should employees & employers fear or embrace this change?

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In the year 2023, AI has taken the world by storm. People all over the globe have started to dabble in this new playground using one tool or another. From creating AI-enhanced imagery on Vana to writing speeches to drafting business plans on ChatGPT, everyone in today’s society has used AI in one form or … AI in the workplace – Should employees & employers fear or embrace this change?

Assault Outside Company Premises – Consequences for Employees

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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