Insubordination is when an employee challenges the employer’s authority and commonly occurs when an employee wilfully refuses to obey a lawful and reasonable instruction. Employees have a legal duty to obey any valid instruction within their role, and defying such an...
It happens that an employee is hired, but the employment contract is simply not signed. Employees are often under the mistaken impression that if the employment contract is not signed, he/she cannot be bound by the same rules and regulations as other employees who...
In the South African labour environment, the relationship between employers, employees and their representatives is regulated by the Labour Relations Act, Act 66 of 1995 as amended (LRA). This act provides for trade unions that are officially registered with the...
In South Africa, incapacity as a ground for dismissal relates to an employee’s inability to effectively perform their duties and responsibilities, mainly due to poor work performance, ill health or injury. The Labour Relations Act, Act 66 of 1995 (LRA) regulates this...
Appointing the right person is a challenge in itself, but using the right contract can be just as confusing. Each type of employment contract has a specific purpose and employers must use the right employment contract to minimise legal and financial consequences. Here...
An arbitration award is a legally binding decision issued and handed down by a commissioner in either the Commission for Conciliation, Mediation and Arbitration (CCMA), or a Bargaining Council. These awards usually specify the outcome of the dispute and are issued...
Running a business not only involves managing day-to-day operations, but also ensuring compliance with complex labour legislation. This includes the Basic Conditions of Employment Act 75 of 1997 (BCEA), Employment Equity Act 55 of 1998 (EEA), and Occupational Health...
The disciplinary code is a guideline for employees to be informed of what is considered unacceptable behaviour in the workplace and to ensure that disciplinary actions are applied reasonably, consistently and fairly.Main purpose of the disciplinary codeThe main...
The employer’s property forms an integral part of the business infrastructure, and any loss, damage, misuse, willful misuse and waste thereof is serious misconduct that places unnecessary pressure on the employer to repair and/or replace the property. The...
The Labour Relations Act, Act 66 of 1995 (LRA) sets strict conditions to comply with when dealing with a Section 197 transfer of business. Its vitally important that both employers consult with each other about the transfer, as well as with the employees.Section 197...
What can an employer expect if a dispute is referred to arbitration at the Commission for Conciliation, Mediation and Arbitration (CCMA) or at a Bargaining Council?AvailabilityOnce the CCMA (or Bargaining Council where applicable) issues an arbitration date, the first...
The vast amount of legislation that regulates labour relations in South Africa stresses how crucial it is that the employer follows correct procedure, especially when dismissing an employee, Labour risk is a business risk in terms of sustainable profitability and...
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