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Workplace

What to do when an employee is dishonest about their previous criminal history

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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

The importance of disciplinary inquiries

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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

Landmark Court Ruling Transforms Maternity and Parental Leave Rights

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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

Family Responsibility Leave – When do I Qualify?

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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?

Navigating the Legal Framework of Maternity Leave: A Guide for Employers & Employees

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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

Addressing Mental Health Challenges among Employees in the Workplace

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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

Do Prospective Employers Need Your Permission to Check Your Social Media?

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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?

Consequences of Unfair Employee Suspensions

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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

Navigating Disciplinary Proceedings for Individuals with Mental Disabilities and Mental Illness in South Africa

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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

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.