The Occupational Health and Safety Act places an explicit obligation on the employer to create and maintain a safe and healthy workplace.  It is undoubtedly in the employer’s interest to consistently apply good hygiene in the workplace.UPCOMING LABOUR INSPECTION?LET...

Employers may say ‘no’ to various requests from employees. Although the employer must act fairly and uniformly, the employer has the right to refuse requests based on operational requirements. The employer must also think carefully about making allowances and...

Tips for complying with labour law – non-compliance holds a serious business risk for employers, often underestimated and left unaddressed… Labour law sets strict requirements that employers must comply with, irrespective of the number of employees. Employers should...

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...

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...

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...

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...