At the start of the employment relationship, the parties don’t know each other, but already a fiduciary duty is 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 implement a written...
In the current economic climate, many employers are under tremendous financial pressure and must consider restructuring or layoffs (retrenchment) to remain sustainable. However, many aspects must be taken into account to limit the employer’s risk in relation to the...
On 14 July 2022, the Director-General of the Department of Employment and Labour signed a notice informing businesses of compliance with the Compensation for Occupational Injuries and Diseases Act (“COIDA”), and the intention to visit business premises to conduct a...
Basic thoughts regarding compliance with the Occupational Health and Safety Act (OHSA) include: To comply with legislation is not negotiable and non-compliance can be costly in the general running of a business. In accordance with legislation as well as ISO 45001,...
South Africa’s Public Health Policy promotes and encourages mothers to breastfeed their babies for at least the first six months of the child’s life. The Basic Conditions of Employment Act and its Code of Good Practice, provides that an employer should allow a...
When the employment relationship is terminated and the employee believes that he/she has been unfairly dismissed, the employee can approach the Commission for Conciliation, Mediation and Arbitration (CCMA). The case will first be placed for conciliation and if the...
The employer-employee relationship is bilateral where both parties benefit but also have duties/obligations. The essence of the relationship is that the employee completes certain tasks or provides services to the employer, and then receives remuneration in...
Secret recordings of 'sensitive' discussions in the workplace - an interesting bargaining council case!Employers face many challenges in the workplace. One that puts the employer in a vulnerable position, is when an employee wants to submit secret recordings of...
When an employee decides to resign, the employee voluntarily terminates the employment contract and relationship. The employee’s decision to resign is a unilateral act and there is no obligation on the employer to formally accept the resignation for it to be...
‘The Great Resignation’ is a global trend where employees have resigned their jobs over the past two years, looking for more fulfilling and purposeful work with better pay and benefits.The pandemic has lead to drastic work changes and employees are reconsidering...
Awards and penalties – South Africa’s labour environment is highly regulated, which makes it very important (and challenging) for employers to comply with labour legislation on an ongoing basis. Non-compliance poses a serious business risk to any employer with a...
Regulate the employment relationship – The employment relationship is a relationship of trust based on mutual benefits and respect. As a business owner, the employer should always anticipate what can go wrong with regards to the employment relationship, in order to be...
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