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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?

The importance of disciplinary inquiries

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Maintaining a balanced and harmonious workplace can constantly challenge many organisations. Accountability is critical, and disciplinary inquiries are vital in addressing misconduct, upholding ethical standards, and preserving trust within a workforce.  Disciplinary inquiries are pivotal in maintaining order, accountability, and fairness within organisations. These inquiries are essential mechanisms for addressing misconduct, ensuring adherence to policies, … The importance of disciplinary inquiries

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

The Employment Equity amendment bill has not been proclaimed yet, designated employers below 50 Employees are still obligated to comply.

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The Employment Equity amendment bill was anticipated to take effect from the 1st of September 2023, but the president has not yet proclaimed the effective date. One of the effects of the amendment bill would be that employers with less than 50 employees would not be considered a “designated employer” irrespective of annual turnover. Under … The Employment Equity amendment bill has not been proclaimed yet, designated employers below 50 Employees are still obligated to comply.

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

Demotion as a disciplinary action

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A demotion is when an employee’s status and/or remuneration is lessened. Although rarely used, employers sometimes elect to demote employees after a disciplinary inquiry was conducted, where the dismissal, as a disciplinary sanction, would have been justified. Demotion as a Legitimate Disciplinary Sanction Our Courts and the CCMA have recognised demotion as legitimate, subject to … Demotion as a disciplinary action