When an employee is arrested and held while awaiting trial, employers must balance operational needs with fair labour practices. The key questions are: how to classify the absence (desertion, absence without permission or incapacity), whether pay is due, what steps to...
Sick leave is one of the most abused forms of leave in South African workplaces, often because it is misunderstood. Sick leave gives an employee the opportunity to be absent from work when he/she is unable to work due to illness or injury, without losing income....
Conducting successful disciplinary hearings requires meticulous adherence to procedural fairness. Employers cannot dismiss an employee without first holding a hearing, as this ensures compliance with legislation and limits risks when dealing with disputes at bodies...
Desertion is a serious workplace issue that employers are often faced with. If not managed correctly, it can result in costly disputes for employers. In the context of South African labour law, desertion differs significantly from general absenteeism and employers...
At the start of the employment relationship, even though the parties don’t know each other, a fiduciary duty is already in place that requires the employee to act in good faith and in the best interest of the employer. It is important that the employer implements a...
In South Africa, incapacity as a ground for dismissal relates to an employee’s inability to effectively perform their duties and responsibilities, mainly due to poor work performance, ill health or injury. The Labour Relations Act, Act 66 of 1995 (LRA) regulates this...
Incapacity refers to when an employee is incompetent and inherently unable to meet fixed performance standards whether due to ill health or poor work performance. When the employee cannot perform according to the employer’s required standard due to ill health, the...
The disciplinary code is a guideline for employees to be informed of what is considered unacceptable behaviour in the workplace and to ensure that disciplinary actions are applied reasonably, consistently and fairly.Main purpose of the disciplinary codeThe main...
Negligent conduct or actions of employees can cause the employer damage, including financial damages. In such instances the employer might consider taking disciplinary measures and as such should investigate the matter to determine whether the employee’s actions...
We advise employers to address labour as a business risk proactively in order to promote a working environment with reduced conflict, friction and misunderstanding, which in turn creates a structured environment receptive for growth. Absenteeism is a common issue in...
Leave is a vital issue where employers need to be informed of requirements and responsibility involved in managing labour risks pro-actively as well as curbing unnecessary costs. Between annual leave, sick leave, family responsibility leave, maternity leave and...
It is almost a certainty that at some stage an employee will become ill, or is unable to attend work due to a medical condition or procedure. In some instances, an employee may be unfit to work for weeks, for example when an employee must undergo a major...
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