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
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
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?
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
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
