Employees that report for duty under the influence of alcohol present a real problem which employers are faced with on a regular basis. The use of alcohol affects an employee’s sight, speech, coordination and reaction speed. Employees working with machinery or driving...

Labour inspectors are appointed by the Department of Employment and Labour to advise employers and employees of their rights and obligations in terms of employment, to conduct an inspections of the workplace and to investigate complaints. Labour inspectors visit the...

The vast amount of legislation that regulates labour relations in South Africa stresses how crucial it is that the employer follows the correct procedures, especially dismissal procedures.How to dismiss an employee:An employee can be dismissed on three accounts:...

Labour law is applicable to all employers and employees and aims to regulate labour relations ensuring fairness in the workplace. The usage of fixed term contracts is well regulated in South African lawThe first limitation is the period of engagement. Employees...

The South African economic landscape is more often than not can be a highly challenging environment where the employer must manage labour matters as a business risk in order to ensure the productivity and sustainability in business . An employment contract is crucial...

The workplace can sometimes be a very challenging environment where employees and customers alike can be exposed to various potential health and safety risks created by the employer’s operations, vehicles, machinery, chemicals, and the environment (fires, weather,...

Employers in the agricultural sector are regularly faced with the situation where an employed foreign national is no longer in possession of valid work documentation.  Employers are subsequently required to take the appropriate actions to terminate the contract of...

Many employers are unaware that in terms of the Labour Relations Act 66 of 1995, trade unions are entitled to acquire specific rights within the workplace if they are sufficiently represented. It is thus imperative for employers to take note of the following rights:1....

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...

In terms of the Basic Conditions of Employment Act (BCEA), an employee may only work overtime if there is such an agreement between the employer and employee. This agreement is only valid for a period of 12 months and must be renewed annually.   If an employee...

The aim of the Unemployment Insurance Act, 63 of 2001 as amended, is to establish an unemployment insurance fund in order to alleviate the harmful economic and social consequences of unemployment. Employers and employees contribute to the fund and employees who become...

During disciplinary and arbitration proceedings, the employer has a responsibility to present evidence to the chairperson or commissioner to prove its case.  Evidence is defined as: “the available body of facts or information indicating whether a belief or proposition...