Employers manage business risks on a daily basis to ensure the business’s profitability and sustainability. Restrictive labour regulations is one if the factors that make it very difficult to do business in South Africa.It is a modern trend among business owners to...
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Refusal to accept amended conditions of employment
Dismissal in accordance with the Labour Relations Act will be deemed automatically unfair if the employer dismisses the employee due to: the employee exercising his/her right on freedom of association, or the employee’s refusal to accept a claim of common interest...
Disciplinary hearing – how to prepare
Preparing for a disciplinary hearing is crucial. Employers must focus on preparing thoroughly for all disciplinary hearings.Keep the following in mind when preparing for a disciplinary hearing: Make sure allegations are not malicious and there is sufficient evidence...
Tips to survive the CCMA
The CCMA was established as an independent, apolitical dispute resolution body in terms of the Labour Relations Act (LRA), Act 66 of 1995. It is aimed at promoting fair practices and resolving labour disputes within the working environment. An employee can refer a...
The employment contract
Compliance with legislation can be intimidating, especially for business owners without a legal background. Labour law is not negotiable and compliance requires specialist knowledge. This poses a business risk to the employer. To comply with legislation is not a...
Poor work performance
Poor work performance is an ever increasing challenge in the workplace. Poor work performance refers to an employee failing to reach and maintain the employer’s work performance standards in terms of quality and quantity. The Labour Relations Act, Act 66 of 1995...
Notice period: 4 weeks or calendar month?
Employers and employees have different interpretations when it comes to the notice period to terminate the employment relationship. The Basic Conditions of Employment Act (BCEA) stipulates that an employment contract may be terminated on notice of not less then four...
LWO labour workshop – 21 February 2018, Centurion
Labour law sets clear requirements that employers must comply with and the LWO’s primary goal is to ensure that your business meets all of these requirements. Labour law is not negotiable and compliance requires specialist knowledge, which poses a business risk to...
Tools to effectively manage labour legislation
Labour risk is a huge business risk. To ensure the sustainability and profitability for of your business, labour legislation needs to be managed in a proactive manner. This ensures a working environment with reduced conflict, friction and misunderstanding, which in...
What do I owe my ex-employee?
The employment contract can come to an end when the employee resigns, reaches retirement age, is dismissed or is retrenched. Depending on the circumstances, the employer has the following obligation towards the ex-employee:The employee resignsWhen the employee...
Bonus – terms and conditions
Labour law applies to all employers and employees and aims to regulate labour relations. As a result, this ensures that fairness and reasonableness prevails in the workplace. Standard procedures, clear rules and guidelines in the workplace ensure that every individual...
Restraint of trade – enforceability?
Restraint of trade clauses in employment contracts cause many arguments in the legal fraternity and amongst employers and employees, as there are no hard and fast rules to settle these disputes. Labour Law do not regulate restraint of trade agreements. Factors such as...
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