Statutory severance pay plays a crucial role in employment relations in South Africa, particularly when employment is terminated due to operational requirements. It is essential for employers to be informed regarding the legal framework that governs severance pay,...
Ensuring compliance with labour law is crucial for both employers and employees to foster fair and equitable working conditions. In South Africa, the Department of Employment and Labour achieves this sentiment through their Inspection and Enforcement Service (IES)....
What does an employer do when an employee fails to report for work and it is discovered that the employee has been arrested on criminal charges and is being held in police custody awaiting trial? Should the employee be treated as having deserted? Absent without...
In today's fast-paced business world, relationships between employers and employees can sometimes turn sour. When former employees pose threats or engage in harassment, employers need to take action to protect their assets, their employees, and their reputation. One...
Counselling as a form of progressive discipline in the workplace and its value is often overlooked. The Labour Relations Act (“LRA”) defines progressive discipline as follows:The approach of progressive discipline in the workplace considers the purpose of discipline...
Prevention and Combating of Corrupt Activities Act, 12 of 2004 ("PCCA")In the realm of employment law and corporate governance, the Prevention and Combating of Corrupt Activities Act, 12 of 2004 (“PCCA”) holds significant importance, particularly when it comes to...
It often happens that an employee will try to excuse inappropriate behaviour by saying that it was just a joke. The management of human relations in a work environment is particularly complex and a ‘joke’ can have serious and far-reaching consequences for which the...
Article supplied by Stephan Pietersen, Work Accident Support.Compensation for Occupational Injuries and Diseases Act (COID Act), 1993:In terms of the Compensation for Occupational Injuries and Diseases Act, No 130 of 1993 (COID Act), previously known as the Workmen’s...
In the dynamic landscape of employment, the termination of an employment relationship is often an inevitable part of business operations. As an employer, it is crucial to navigate the provisions regarding notice periods and payment in lieu with care to ensure...
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. Many things can go wrong in any relationship,...
The Commission for Conciliation, Mediation and Arbitration (CCMA) was established as an independent, apolitical dispute resolution body in terms of the Labour Relations Act (LRA). When a case is referred to the CCMA, the employer has an option regarding the processes...
Employees who report for duty under the influence of alcohol or drugs present a real problem. The use of alcohol or drugs affects an employee’s sight, speech, coordination and reaction speed. In addition, employees working with machinery or driving a vehicle whilst...
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