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?
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
Mental health in the workplace is a critical issue that affects employees. Poor work performance is often linked to mental health issues, which may render an employee incapable of doing their job effectively by failing to meet the performance standards expected from them by the employer. The World Health Organisation describes Mental health as “… … Addressing Mental Health Challenges among Employees in the Workplace
In essence, a claim of constructive dismissal arises when an employee voluntarily resigns from their position, however, alleges that they were forced to do so due to unbearable/intolerable working conditions created by the employer. While generally, in cases of dismissal for misconduct, incapacity or operational requirements, dismissal is not disputed, and, if referred to the … Constructive dismissal: Dismissed or Resigned?
The law, in general, has not caught up to all of the latest trends in technology, including the use of social media by prospective employers to screen potential employees and/or discipline employees for conduct portrayed on social media. Case Study – MH v Rhodes University In the matter of MH v Rhodes University (20 March 2017) … Do Prospective Employers Need Your Permission to Check Your Social Media?
Suspension of an employee is a standard tool employers use to maintain workplace discipline and address misconduct within the workplace. However, when these “suspensions” are not executed in accordance with the Labour Relations Act (LRA) employers might find themselves in breach of section 186(2)(b) by committing an unfair labour practice. In addition to arguably the … Consequences of Unfair Employee Suspensions
Section 34 of the Basic Conditions of Employment Act (BCEA) holds a pivotal position in safeguarding employers’ and employees’ rights and interests. This critical section establishes clear directives regarding the deductions an employer may make from an employee’s salary. At its core, it necessitates obtaining written permission and consent from the employee, ensuring that these … Employee termination and its impact on deductions
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
