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Human Resources

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.

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

Termination of ZEPs declared unlawful, unconstitutional and invalid

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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

Falsified Qualifications – What is an Employer to do?

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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?

Social Media and the Workplace

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Employees are often under the impression and misconception that their social network sites are private and detached from their employment. These employees may feel secure with the guise offered by the divide between work and personal life, especially during the festive season when most take leave and spend less time in their working environment. That … Social Media and the Workplace

Discrimination in the workplace – Diversity and appearance discrimination

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Discrimination occurs when an employer treats a person differently based on physical attributes or other factors such as religion or political belief. The act of differentiation may, at times, be fair, but it is more commonly found that differentiated treatment is unfair. Appearance-based discrimination, or lookism, is the discriminatory treatment of people considered to be … Discrimination in the workplace – Diversity and appearance discrimination

Zero Tolerance Policies and Alcohol within the Workplace

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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 an employer change a sanction recommended by an external chairperson?

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Many employers utilise the services of an external chairperson to chair disciplinary inquiries within the workplace. There may be times when an employer is unhappy with the sanction recommended by the chairperson and may wish to impose a harsher sanction on the employee involved. The question then arises whether this is permissible and if it … Can an employer change a sanction recommended by an external chairperson?

The Provision of Benefits and its link to a possible unfair labour practice

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One of the most common unfair labour practices relates to the provision of benefits. This category of unfair labour practice is also the most difficult to apply because of the following reasons: The last bullet point above needs further explanation. A dispute regarding an unfair labour practice must amount to a rights dispute. A benefit … The Provision of Benefits and its link to a possible unfair labour practice

Is outside legal representation allowed at a disciplinary inquiry?

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We often hear employees threatening to have their lawyer represent them at a disciplinary inquiry. In terms of Item 4 of the Code of Good Practice: Dismissal (The Code) contained in Schedule 8 of the Labour Relations Act, employees have certain rights during a disciplinary inquiry. One of these rights includes having a trade union … Is outside legal representation allowed at a disciplinary inquiry?