Employers are often confused when the chairperson in a disciplinary hearing finds an employee not guilty of being under the influence of alcohol, despite the employee having tested positive for alcohol on a breathalyser.  Intoxication is defined as when a person is...

The South African labour market is rightly considered one of the most regulated in the world. Labour law sets strict requirements that employers must comply with. The most common laws that employers encounter on a daily basis include the following:Labour Relations...

Chapter 2 of the Basic Conditions of Employment Act (BCEA) regulates working hours, including normal working hours and overtime.

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...

The act of suspension is widely misunderstood by employers which is problematic in terms of any unfair labour practice.   Suspension can be divided into two categories:  precautionary suspension and punitive suspension. Punitive suspensionPunitive suspension...

The chargesheet is the first formal step before a disciplinary hearing after the investigation has been concluded. Drafted by the employer or their HR official, this document, also known as a notice of disciplinary hearing, informs the employee of the pending hearing...

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...

Retrenchment is the no-fault termination of an employee’s services and is governed by Section 189 of the Labour Relations Act, Act 66 of 1995 as amended (LRA).  It becomes necessary when there are operational requirements to reduce the workforce.  Operational...

Parental, adoption and commissioning parental leave came into effect on 1 January 2020 under the Labour Laws Amendment Act, Act 10 of 2018.  Many employers in the agricultural industry however get confused about leave given the pending Constitutional Court case...

To uphold the constitutional rights of trade unions and employers' organisations to engage in collective bargaining, legislation has been enacted to establish the framework within which this process occurs.The Labour Relations Act 66 of 1995 (LRA)The LRA lays the...

The idea of receiving a "payment for years of service" is a very common query, especially after an employee's termination of service. Many employees, particularly those with many years of service, expect and anticipate being rewarded for their loyalty and dedication...

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...