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 […]
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 […]
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 […]
As of January 1st, here is the Employee Rights in terms of Parental Leave The amendments to the Basic Conditions of Employment Act (BCEA) – which form the basis of employees’ right to parental, adoption and commissioning parental leave have now been promulgated. This means that employers are obliged to grant employees leave in terms of these provisions as from 1 January 2020. How does it work? Here is what […]
The Department of Employment and Labour can confirm that the National Minimum Wage Commission issued a request for written representations on the new proposed minimum wage for South Africa for 2022. The closing date for submissions is 14 January 2022. The National Minimum Wage (NMW) Act stipulates that the National Minimum Wage Commission should annually assess and review the minimum wage. The Minister of Employment and Labour determines the adjustment […]
When referring to the legislation governing Occupational Health and Safety, in particular, Section 8 – General duties of employers to their employees, an employer is required to provide and maintain, as far as reasonably possible, a working environment that is safe and without risk to the health of all employees. This means that employers should find a reasonable resolution that accommodates all parties where employees refuse to be vaccinated on […]
In South Africa, some employees have complained to political parties about their problems at the workplace and about the poor quality of service provided by certain Unions. Employers should not engage with political parties on labour-related matters. Employers should refer political parties to the LRA which indicates that registered Unions should deal with industrial relations issues. Employees should be advised that political parties are not entitled to assume the functions […]
With reference to the article entitled “Domestics still not benefiting, union says”, there is no doubt that the wheels of justice turn slowly. More than a year after the Constitutional Court handed down its judgment, employers are still unaware of the existence of COIDA (Compensation for Occupational Injuries and Diseases Act), how to register as an employer and how to comply with the provisions contained therein, on behalf of their […]
Can an employer require employees to repay contractual maternity pay if they do not return to work for a minimum period? Yes, an employer can require an employee to repay the whole or part of their contractual maternity pay if they do not return to work for a minimum period after their maternity leave has ended. However, the employer cannot require them to repay the part of their pay that […]
Considerations to be taken into account when an employer gives an employee a company loan. It is legal in South Africa for an employer to grant an employee a loan, on the condition that the employer does not make any profit from the loan nor charge an interest. It is prudent that an employer draft a written loan agreement, setting out the the employee’s details and I. D number date, […]