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...
Labour legislation sets strict requirements that employers must comply with. Compliance is non-negotiable and poses a business risk to the employer. A thorough labour audit aligns the work environment with applicable labour legislation, but in order to maintain this...
Employees represent a valuable asset within any workplace. It is therefore critical to find the right person, not only with the right qualifications and experience, but who will also be compatible with the working environment and culture.Implementing a probation...
Commission earning employees are no different from any other employee except for the fact that their remuneration is commission based. Employment conditions are regulated in terms of the Basic Conditions of Employment Act and any applicable Bargaining Council...
Moonlighting is defined in the workplace as working a second job without informing your main employer, and employees earn extra money outside of working hours. A possible concern is that moonlighting may cause a decrease in productivity in the workplace. Data from...
Businesses operate in a challenging environment where the economic climate and other external forces can leave a business with little choice but restructuring: realign, restructure and reorganise to become more competitive or to maintain an existing position in the...
Suspending an employee is a common occurrence in the workplace. Employers must however take care to follow the correct procedures when imposing both precautionary and punitive suspension to avoid putting their business at unnecessary risk.What is precautionary...
In terms of the Labour Relations Act (LRA), an employee’s employment contract is automatically transferred to the new employer when a business is sold as a going concern. Any dismissal associated with such a transfer of business, will be deemed as automatically...
Refusal to vaccinate – A recent arbitration award found that it was substantially fair to dismiss an employee who was opposed to compulsory vaccination in the workplace.There are three recognised grounds for dismissal, namely: misconduct, operational requirements...
Labour legislation applies to all employers and employees. The Basic Conditions of Employment Act (BCEA) defines the minimum terms and conditions of employment on which the parties may contract. However, if a business falls under an industry that is part of a specific...
Sexual harassment is a serious offence and is also deemed a form of unfair discrimination. The Employment Equity Act (EEA) stipulates that an employer violates the law if he/she fails to take the necessary steps in cases of alleged sexual harassment. Section 60(3)...
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