Vicarious liability is the holding of a person or entity responsible for damages or harm caused by someone else. Most employers are unaware that they can be held liable for the actions of their employees. Vicarious liability is where someone is held responsible for the actions or omissions of another. When does vicarious liability apply? The requirements for the vicarious liability of an employer are threefold: An employment relationship The […]
The principle of an employee being bound implicitly by a duty of good faith towards his employer is breached when that employee remains silent about knowledge that he possesses regarding the business interests of the employer being improperly undermined. A breach of the duty of good faith can justify dismissal. Non-disclosure of knowledge relevant to misconduct committed by fellow employees is an instance of a breach of the duty of […]
The following factors should be considered in determining if the dismissal was fair: a) The reason for incapacity, including whether it was a lawful arrest; b) Whether the employee was at fault; c) Whether he or she caused the situation; d) Whether the employee was in the end convicted; e) Whether the employee’s actions leading to the arrest rendered a continuation of the employment relationship intolerable; f) The extent of […]
The purposes, functions and processes of the CCMA
The Basic Conditions of Employment Act (BCEA) stipulates that an employment contract can only be terminated on notice of not less than: One week , if the employee works for six months or less; Two weeks, if the employee works for more than six months, but not more than one year, and Four weeks if the employee- Works for one year or more; or Is a farm worker or domestic […]
Did you know that resigning with immediate effect puts a stop to disciplinary proceedings against an employee? If an employee resigns with immediate effect, the employer has no jurisdiction to proceed with a disciplinary hearing against the employee. The contracted employment comes to an end with immediate effect and the employer loses the right to discipline and proceed with the disciplinary hearing against the employee. On the other hand, if […]
Dereliction of Duty is a charge that refers to an intentional or conscious failure of an employee to do his/her duty. Examples of dereliction of duty include situations where the employee: Abandons an asset of the employer in a place where it is at risk. For instance, a company driver might leave the company vehicle in order to visit a friend despite being well aware that the location is a […]
The exit interview is a voluntary, verbal interview between an employee who’s leaving your company and an HR person if the company has one. If there is no HR person, any other authorised person would conduct the interview. The interview often takes place one to two days before the employee actually leaves. What is the Purpose of the Exit Interview? The goal of this interaction is two-fold: firstly, the employee has […]
National Minimum Wage Bill 1. Can you please explain exactly what the implementation of the Minimum Wage Bill would look like? The implementation of the minimum wage bill has still some way to go. The National Assembly of our parliament has passed this bill, but it still has to go to the National Council of Provinces. There still needs to be some public input into this, and only after […]
Several Muslim employees who work in call centres contacted me for labour law advice in regard to breaking one’s fast, whilst on shift at about 18h00. They advised me that weeks prior to Ramadan, the employees engaged with their employers to agree to take a few minutes off work to break their fast in order to consume a small snack. The employees advised me that their employers failed to wish […]