Every employee, therefore, has the right to join – or not to join a union, and if the employee does join a union, to participate in its lawful activities. This right extends to ‘every employee’, including applicants for employment. It follows that no employer may forbid an employee to join a trade union on any ground, even if members of a trade union are incompatible with the employee’s status or […]
If an employer is dishonest in the workplace, it can cause a breakdown in the trust relationship between the employee and the employer. However, it is essential that the employer convene a disciplinary hearing to prove that the employee’s dishonesty caused a breakdown in the trust relationship. It is not good enough for employers to simply say there has been a breach of trust. The employer has to lead evidence […]
An employer who suspects an employee is guilty of misconduct can hold a disciplinary hearing to establish whether or not the employee is guilty and, if he is, to decide on an appropriate penalty. However, sometimes it takes time to properly investigate the incident. If the issues are serious, employers may want to suspend the employee pending the outcome of the disciplinary hearing. There are minimum standards to ensure fair […]
We have seen many cases recently where sexual harassment of one staff member by another has led to a successful claim against the employer. This concept obviously can go one step further in that the physical, emotional and psychological safety of your staff is often the responsibility of the employer. It becomes the employer’s responsibility if the staff point out imminent danger. We see in the current press that ambulance […]
When it comes to absenteeism and desertion, one of the principal obligations of an employee to a contract of employment is to render his / her services to the employer, from the agreed date and for the duration of the contract. This obligation requires that the employee present himself/herself at his / her place of work during the times specified in the contract. Any unauthorized absence (no medical certificate or […]
The employer is obliged to comply with the labour law requirements of substantive and procedural fairness first before it may be in a position to lawfully recover monies from you that are not regulated by statute. Salary Deductions: Section 34 of the Basic Conditions of Employment Act No 75 of 1997 provides that: • An employer may not make any deductions from an employee’s remuneration unless: a) Subject to subsection […]
What is a training layoff? A training layoff is a temporary suspension of work of a worker or group of workers that is used for training purposes; workers remain employed during the training layoff period and are paid a training allowance; participation in the training layoff scheme is voluntary and is an alternative to retrenchment; training is flexible but linked to the skills needs of the employer; the scheme is […]
It is a myth that an employer may not amend the terms and conditions of employment. We have many queries from our clients asking us whether medical aid, car allowances, travel allowances, etc. can be changed. These changes can take place if the employer can show that there is a good reason for the change and if the employer can also show that there has been a properly constituted discussion […]
Since November 1996, when our new Labour Relations Act was brought into being, we saw the start of the Commission for Conciliation Mediation and Arbitration (CCMA) and since then we have seen complaints going to this Commission at the rate of 500 per day. The majority of these complaints have been about single unfair dismissals and the largest sector affected by this, has been the retail sector. In many cases, […]
We have been bombarded from firms large and small, across the country, as to whether they need to pay their staff when there is a black-out. The question is obviously loaded and clearly the desired answer is not always forthcoming. The electrical outages have created havoc in the employment arena. Obviously the losses incurred by small and large businesses will be documented in the future but these losses in fact […]
