The terms and conditions of employment described in a contract of employment usually include a myriad of items such as: the type of work expected to be performed by the employee, the place and hours of work, the salary or wages of the employee as well as leave and bonus entitlement. These are to be … Do Employers Need Employee Consent to Change Employment Terms?
Progressive discipline, which is also sometimes referred to as corrective discipline, is a strategy used to address and to correct employee behavioural or performance issues. Unlike punitive measures which solely focus on punishment, progressive discipline aims to correct and improve an employee’s performance or behaviour before more severe measures are taken. It involves a series … Effectively Managing Employees through Progressive Discipline
The very purpose of the Commission for Conciliation, Mediation and Arbitration (‘CCMA’) is expeditious resolution in order to equitably serve those most vulnerable within society, to afford those persons whose road would be littered with ‘potholes’ in the pursuit of litigious relief – an easier and less formalistic route to justice. A Commissioner presiding over … Power of CCMA Commissioners to dismiss matters due to lack of diligent prosecution.
Employers with multiple operations or businesses are no strangers to the unique economic and operational obstacles of the business landscape in South Africa. Even when employers have exhausted all the available means to ensure that their operations and their workforce across all their businesses remain unaffected by economic difficulties, they may still have to implement … Navigating Retrenchments: Key Lessons on the Viability of ‘Bumping’ from Recent Labour Court Ruling
In order to maintain fair labour practices in the South African workplace, procedural and substantive fairness are vital considerations. Procedural fairness highlights the procedure followed by an employer when disciplining an employee for misconduct or negligence. Procedural fairness ensures that an impartial, fair, and thorough disciplinary inquiry is conducted, that the employee is informed of … Navigating Workplace Misconduct vs. Negligence: Best Practices for South African Employers
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
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
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
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
