It happens every so often that an employer places an employee on a fixed-term contract for 3-months to gauge their suitability for the job. The question is then asked, are employers allowed to use a fixed-term contract for a probation period? Challenging the Misuse of Fixed-Term Contracts In the case of National Union of Public Service … Using a Fixed-Term Contract for a Probation Period
George Burns said: “Retirement at 65 is ridiculous! When I was 65, I still had pimples!” This might be the view of many South African employees, while others might feel the need to retire at 60 years old. Consistency regarding the retirement age needs to be applied by employers. What does the law say? Section … Can I force an employee to retire at a certain age?
We are often faced with workplace misconduct where the employer has treated similar acts of misconduct by employees differently. Consistently applying disciplinary actions and sanctions for the same or similar acts of misconduct is paramount for appropriate corrective action. Failing which, the employer is placed at severe risk. Item 7 of Schedule 8, The Code … Is consistently applying a workplace rule necessary?
The Department of Employment and Labour reporting period for Employment Equity has officially started on the 1st of September 2022, and designated employers have until the 15th of January 2023 to submit. Employers are considered designated if they employ more than 50 employees or exceed the annual industry turnover threshold below. Regarding the Employment Equity … The system for the submission of Employment Equity reports is now open
The National Bargaining Council for the Private Security Sector (NBCPSS) has resolved the implementation of the dispute resolution centres to deal exclusively with disputes relating to the employment relationship between employers and employees in this sector. Previously the NBCPSS has in terms of Section 127 of the Labour Relations Act of 1995, been accredited to … National bargaining council for the private security sector – implementation of bargaining council dispute resolution centres
The Minister of Employment of Labour has extended the Consolidated Main Agreement for the Metal and Engineering Industries Bargaining Council (MEIBC) to non-parties within the industry. All employers must comply with the agreement as of 17 October 2022. In addition to the Main Agreement, the two agreements regulating administrative and dispute levies and the Plastics … MEIBC Main agreement extended to non-parties
Employers have the right to progressively discipline employees for work related misconduct and this could lead to a dismissal.
Employers build cases for disciplinary inquiries using multiple facets such as video evidence, voice recordings, documentary evidence and witness testimony. Although findings in disciplinary hearings are made based on a balance of probability, employers must make use of evidence in order to ensure substantive fairness of the case.
In light of the current COVID-19 pandemic and the dire consequences thereof on the majority of businesses 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 important question is what the consequences of the employee’s refusal to such change might be.
The Employment Equity reporting window is coming up with the deadline for submissions being 15 January 2022. As a designated employer, failure to comply could lead to substantial penalties.
