Employers are often confronted with the situation where employees are absent without any word of their whereabouts. This has a huge impact on a business’s normal operations and bottom line, as most employers don’t have the luxury of spare capacity concerning their...
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Retrenchment – what? when? how?
All employers have two goals: to make a profit and be sustainable. Employers should therefore consistently evaluate all factors that can have an influence on the long term success of the business in order to create a cost effective environment enabling the business to...
Insubordination – defiance, resistance, refusal, failure to obey…
The relationship between the employer and the employee is based on mutual benefits and respect and can insubordination have a huge effect on the employer employee relationship. Clear rules and guidelines ensure that friction and misunderstandings are kept to a...
Revoking an offer of employment – what is the risk?
The Basic Conditions of Employment Act defines an employee as: “any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive any remuneration; and any other person who in any manner assist...
Sexual harassment in the workplace
Recent amendments to legislation afford Commission for Conciliation, Mediation and Arbitration (CCMA) commissioners the authority to handle sexual harassment cases. Sexual harassment in the workplace can best be explained as a situation involving unwanted sexual...
Obesity in the workplace
Obesity and illnesses related to obesity in South Africa are regarded by many medical practitioners as a pandemic. In medical terms a person with a body mass index over 30 is regarded as morbidly obese. In a recent judgement by the European courts, judges decided that...
Sleeping on duty
Employees sleeping on duty is a problem for any employer. Being tired can affect an employee’s concentration, co-ordination and reaction speed as well as negatively influence the business’s productivity. By sleeping on duty the employee puts him-/herself, colleagues...
Maternity leave
Employers should be aware of maternity leave and what their employees are entitled to when they are pregnant and what obligations employees have towards the employer.What is an employee entitled to with regards to maternity leave?An employee is entitled to four...
Changing the terms and conditions
All employers have two goals: to make a profit and be sustainable. Employers should therefore regularly evaluate all factors that can have an influence on the long term success of the business in order to create a cost effective environment enabling the business to...
Disciplinary hearing – what is the chairperson’s role?
The goal of a disciplinary hearing is to ensure that all parties are given the opportunity to state their case, that the correct procedure is followed to determine if the employee is guilty of the accused misconduct and if so, the appropriate sanction is reached....
Policies and procedures
The relationship between the employer and the employee is based on mutual benefits and respect. Clear rules and guidelines ensure that friction and misunderstandings are kept to a minimum, which in turn promotes not only productivity but also a positive working...
Misconduct after hours
The general rule is that an employee’s actions outside the working environment and after hours is not the employer’s concern and may the employer not institute disciplinary action against an employee for acts of misconduct committed after hours. The exceptions to the...
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