Domestic worker arrested for fraud
A domestic worker has been arrested for fraud after allegedly taking photos of her employers documents. Read the full article here. Domestic worker arrested for fraud 04 November 2021
Labour Law Blog
Possible employer defences to a claim of unfair discrimination on the basis of mental health
In an unfair discrimination dispute on the basis of an employee’s mental health condition the employer may defeat the employee’s claim by successfully raising any of the following defences: The employer may firstly prove that the alleged discrimination based on mental health did not in fact amount to discrimination. In order to achieve this, the employer will have to prove that the actions did not impair the employee’s fundamental human […]
Mental health as a ground for unfair discrimination in South Africa
The stigma surrounding mental illness in South Africa is a significant concern, with sufferers fearing discrimination and even dismissal should they reveal their mental health conditions to their employers. The Employment Equity Act (EEA), which stipulates that “No person may unfairly discriminate, directly, 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, […]
Vicarious liability of the Employer
An employer is vicariously liable for wrongful conduct, albeit an act of sexual harassment or any other discriminatory conduct, towards an employee, which was committed in the course and scope of his/her employment or while engaged in any activity incidental thereto. The basis for this liability is founded on the notion that an employee is an extension of the employer. Consequent to a decision to employ, an obligation is imposed […]
Labour law governs traditional healers’ treatment
What happens for Employees who visit Traditional Healer Treatment? Labour legislation states that an employee is entitled to sick leave, and a sick leave cycle, during the employee’s duration of employment. An employee’s sick leave cycle means that during every 36 months of employment, starting from the first day at work, an employee is entitled to paid sick leave. The sick leave cycle is equivalent to the number of days […]
Extending probationary period of employee
The objective of extending a probationary period is to provide the employee more time to improve their performance. If a probationer’s performance is not acceptable in some areas, but the manager feels that more training and support can improve the employee, they can consider an extension. A manager should only give an extension where extraordinary situations are justifying such a decision. The manager should provide the extension before the end […]
Firing staff for Covid-19 vaccine refusals — these 10 steps must be followed
South African companies that plan to implement a mandatory Covid-19 vaccination policy have several legal obligations to meet before firing an employee for refusing to get the jab. Mandatory Covid-19 vaccinations in the workplace in South Africa may be justified in certain circumstances. “The most controversial issue in relation to mandatory vaccination appears to be the extent to which employees may rely on their constitutional rights not to be vaccinated, […]
Can employees be disciplined for criminal activities which took place outside the employer’s workplace premises and outside working hours?
There are instances in which employers may have the right to discipline and potentially dismiss employees who engage in misconduct outside of the workplace and outside of working hours. Whether this is permissible in principle will depend on whether the conduct impacts on the employment relationship and whether the employee has sufficient and legitimate interest in the conduct. It is not necessary for an employer to await the decision of […]
Breaking Speed limit after Curfew in Company Car
Driving company vehicle for private use, in excess of the speed limit of 120kph and after regulated lockdown curfew hours The above-combined offences committed by the employee constitute gross misconduct. Unauthorised use of the employer’s vehicle for private purposes constitutes a serious breach, in terms of the employer’s disciplinary procedure and code. Furthermore, if an employee drives the employer’s vehicle in excess of the South African national maximum speed limit, […]
Is Employer still liable for employee’s health and safety even if employee works from home?
With the Covid-19 pandemic, a lot of companies have allowed employees to start working from home. How does this then affect the employer’s responsibility for their employees? Especially in terms of the health and safety of each employee. The Occupational Health and Safety (OHS) Act defines the workplace as any place where a person performs work for the employer. Employers, therefore, have a legal obligation, as far as reasonably practicable, […]