Labour Law Blog

Derivative Misconduct

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 […]

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Absence without leave – Imprisoned employees

The following factors should be considered in determining if the dismissal was fair:   a) The reason for incapacity, including whether it was 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; […]

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Employer rights when employee does not give notice

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 […]

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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 contract 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 an employee resigns with notice, in writing, and works out the notice period, the employer can discipline […]

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Dereliction Of Duty

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 […]

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The Exit Interview

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 […]

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National Minimum Wage Bill

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 […]

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Breaking one’s fast during the holy month of Ramadan, whilst on shift at work

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 […]

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CONTRACTOR VS EMPLOYEE

Contractor vs Employee   What are the differences between contractors and employees?   A true independent contract will be a registered provisional tax payer; will work his own hours; runs his own business; will be free to carry out work for more than one client at the same time; will invoice the client for his/her services and be paid accordingly; will not be subject to usual “employment” matters such as […]

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