Invictus Group

Workplace

AI in the workplace – Should employees & employers fear or embrace this change?

In the year 2023, AI has taken the world by storm. People all over the globe have started to dabble in this new playground using one tool or another. From creating AI-enhanced imagery on Vana to writing speeches to drafting business plans on ChatGPT, everyone in today’s society has used AI in one form or AI in the workplace – Should employees & employers fear or embrace this change?

Assault Outside Company Premises – Consequences for Employees

One of the most serious offences committed in the workplace is physical assault. Although there might be certain justifiable defences for this type of misconduct, for example, provocation or self-defence, the Labour Court has adopted a very strict approach towards any form of assault in the workplace. Case Study In the unreported matter of Bombela Assault Outside Company Premises – Consequences for Employees

Demotion as a disciplinary action

A demotion is when an employee’s status and/or remuneration is lessened. Although rarely used, employers sometimes elect to demote employees after a disciplinary inquiry was conducted, where the dismissal, as a disciplinary sanction, would have been justified. Demotion as a Legitimate Disciplinary Sanction Our Courts and the CCMA have recognised demotion as legitimate, subject to Demotion as a disciplinary action

Termination of ZEPs declared unlawful, unconstitutional and invalid

The Minister of Home Affairs had effectively ended the ZEP, which applies to Zimbabwean Nationals working and living in the Republic of South Africa, resulting in numerous Zimbabweans no longer being able to apply for an extension of the ZEP and, as a result, facing deportation should they not have applied and or been granted Termination of ZEPs declared unlawful, unconstitutional and invalid

Falsified Qualifications – What is an Employer to do?

In the wake of recent news headlines, it seems not only public servants have falsified their qualifications to obtain employment, but this has also become fashionable among other job seekers. What recourse does the employer have? The Law South African legislation, through the introduction of the National Qualifications Framework Amendment Act 12 of 2019, has Falsified Qualifications – What is an Employer to do?

Voluntary retrenchment agreements and packages

When a company contemplates retrenching employees, voluntary severance packages (VSP’s) are often offered. In terms of a VSP, an employee volunteers to be or agrees to be retrenched. The purpose of using VSP’s is to mitigate the adverse effects of the formal retrenchment process on the employees. These agreements need to be entered into freely Voluntary retrenchment agreements and packages

Using a Fixed-Term Contract for a Probation Period

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

ZEP Permit Expiration is Upon Us!

The grace period of ZEPs is ending as of the 30th of June 2023! We have outlined in a previous article the steps to be taken with employees (holding/ in possession of ZEPs) to allow those employees a reasonable opportunity in which to make applications for alternate paperwork, which may allow those employees to reside ZEP Permit Expiration is Upon Us!

Social Media and the Workplace

Employees are often under the impression and misconception that their social network sites are private and detached from their employment. These employees may feel secure with the guise offered by the divide between work and personal life, especially during the festive season when most take leave and spend less time in their working environment. That Social Media and the Workplace

Discrimination in the workplace – Diversity and appearance discrimination

Discrimination occurs when an employer treats a person differently based on physical attributes or other factors such as religion or political belief. The act of differentiation may, at times, be fair, but it is more commonly found that differentiated treatment is unfair. Appearance-based discrimination, or lookism, is the discriminatory treatment of people considered to be Discrimination in the workplace – Diversity and appearance discrimination