Labour Law Blog

Eat, Drink and be Merry. But not during working hours.

Zero Tolerance for alcohol at the workplace during the holiday period As we approach the Christmas Season we post a warning once again that the zero tolerance for alcohol at the workplace has not been relaxed just because of the holiday period. The problems that arise at this time of the year create incredibly difficult situations when future dismissals are challenged. We have seen numerous examples of intolerable behaviour arising […]

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Grievance Procedure

When filing a grievance against a fellow employee. What is the procedure that should be followed? What is a grievance? A grievance refers to a complaint or any form of workplace discontentment or dissatisfaction that an employee may have with his employer, manager or fellow employee that needs to be addressed by the management of a company. An employee is free to raise any grievance and will not be subject […]

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Code of Good Practice on the prevention and elimination of harassment in the workplace

On Friday 18 March 2022, a government gazette was published in regard to the Code, being Regulation Gazette No. 11409, Vol.681, No 46056. This Code is effective from the abovementioned date. SA’s sexual harassment code now covers bullying and ‘condescending eye contact’ It defines various types of harassment, including passive-aggressive harassment via facial expression. Employers, including those of domestic workers, are now required to protect their employees from “condescending eye […]

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Can expired warnings be considered during a disciplinary hearing?

Can expired warnings be considered when a chairperson makes his/her written findings and recommendation subsequent to chairing a disciplinary hearing? Schedule 8 of the Labour Relations Act requires that all employers should adopt disciplinary rules that establish the standard of conduct required of their employees. Additionally, it is further prescribed that employers should progressively attempt to correct the behaviour of their employees by issuing warnings before resorting to measures such […]

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Prohibition of unfair discrimination

No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practise, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground. Any party to a dispute may refer the dispute in writing to the CCMA […]

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The processes for an employee to report sexual harassment

If an employee has a sexual harassment issue, here is the process to report it.  Sexual harassment may be brought to the attention of the employer by the complainant or any other person aware of the sexual harassment, for example, a friend, colleague, family member or human resources official acting on the request of the complainant, where the complainant has indicated that she/he wishes the employer to be made are […]

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The New National Minimum Wage for domestic workers to be implemented from 01 March 2022

The New National Minimum Wage for domestic workers to be implemented from 01 March 2022 Latest Update: 10 February 2022 As of 01 March 2022, the minimum wage will increase to R23.19 per hour. Domestic Workers Wage Increase The increase was announced in the Government Gazette 45882, dated 07 February 2022, and this increase will bring the national minimum wage for domestic workers in line with all other employees. Criminal […]

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Employees have a fiduciary obligation towards the employer

When an employee joins a company, they have an obligation to the employee to behave in a trustworthy manner. What is a Fiduciary duty? Fiduciary duty refers to the employee’s obligation to behave in a trustworthy manner. Specifically, this means that the employee may not: Place him/herself in a position where his/her interests conflict with those of the employer. Make a secret profit at the expense of the employer. Receive […]

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No Jab, No Job

Major ruling after South African woman fired for refusing Covid–19 vaccination Find the Case File here The Commission for Conciliation, Mediation and Arbitration (CCMA) recently ruled in favour of Goldrush Group dismissing an employee for refusing to get vaccinated against Covid–19. Following the case, Goldrush undertook a Covid–19 risk assessment of its workplace and decided to introduce a mandatory vaccination policy, they allowed employees the opportunity to apply for exemption from […]

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Labour Inspectors can’t do random inspections without just cause – Dept

The Department of Employment and Labour stated that inspectors can’t do random inspections without just cause. Last week, the Economic Freedom Fighters conducted what is said, were inspections at some establishments in the hospitality sector, attracting criticism for invading a space despite not being qualified to do so. The Employment and Labour Department said that the labour inspectorate service environment was highly regulated in the country and not even inspectors […]

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