Employee abscondments in the workplace presents a significant challenge for employers, impacting operational efficiency and team morale. This issue not only disrupts business operations but also complicates the process of addressing an employee’s absence from the workplace efficiently, and it complicates the balance between the need for effective management and the rights of employees. What … Terminating Employees for Abscondment
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
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
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
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.
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
The Minister of Home Affairs had effectively ended the ZEP, which applies to Zimbabwean Nationals working and living in the Republic of South Africa, resulting in numerous Zimbabweans no longer being able to apply for an extension of the ZEP and, as a result, facing deportation should they not have applied and or been granted … Termination of ZEPs declared unlawful, unconstitutional and invalid
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?
When a company contemplates retrenching employees, voluntary severance packages (VSP’s) are often offered. In terms of a VSP, an employee volunteers to be or agrees to be retrenched. The purpose of using VSP’s is to mitigate the adverse effects of the formal retrenchment process on the employees. These agreements need to be entered into freely … Voluntary retrenchment agreements and packages
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
