• The Expert Explains

    The Expert Explains

    Question: Valid or not?
    "Your hours of work can be changed, provided you are given 12 hours notice of such change"?

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  • WELCOME TO LABOURWISE – The Employer’s Choice

    Labourwise is an advisory service for employers in South Africa.  Although many of our articles and other useful information are for free, we offer a professional subscription service for the business owner, HR specialist and manager at a minimal monthly cost. We offer advice on labour and employment related matters: labour laws, employment contracts and forms, misconduct, disciplinary hearings, unfair dismissal, retrenchment, labour relations, trade unions, disputes, ccma conciliation and arbitration, case law, strikes and industrial action. Full membership includes online, telephonic & email advice. Click here for more information.

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    ZERO TOLERANCE APPROACH TO DISCIPLINE IN THE WORKPLACE

    How high may the employer set the bar when it comes to discipline in the workplace– may a zero tolerance approach be implemented?

     

    ARE VOLUNTEER WORKERS PROTECTED?

    The assumption is often made that people who do volunteer work are not employees. But are volunteers protected by labour legislation?

     

    SOCIAL MEDIA – SHOOTING YOURSELF IN THE FOOT

    Social media has become a powerful communication tool, but using it can have far-reaching consequences. Can employees be dismissed for expressing their personal opinions outside the workplace and outside of working hours?

     

    DO EMPLOYERS REALLY NEED LAWYERS TO DRAFT DISCIPLINARY NOTICES?

    Drafting a proper disciplinary notice can be frustrating. Many employers would simply pass the responsibility to external advisors. Yet, provided a few fundamentals are taken care of, there is no reason why managers could not do it themselves and leave only the most complicated cases for external parties to assist with.

     

    HIGH LEVEL EMPLOYEES ON PROBATION

    As a rule employers should give newly-appointed employees some time to settle in before deciding on their suitability for the job. But would it be fair to expect an employee appointed to a high level job to ‘hit the ground running’?

     

    DOES TRAVEL OR ‘WAITING’ TIME FORM PART OF WORKING HOURS?

    Time spent travelling between clients and the workplace during the working day would normally be regarded as working time. But what about time spent travelling to work, or time spent at the workplace before commencing with normal daily tasks?

     

    INSOLENCE AND INSUBORDINATION – WHAT IS THE DIFFERENCE?

    The workplace is not a democracy. One of the implied terms of the contract of employment is that of subordination – the employee has to submit to the authority of the employer provided this is exercised lawfully and reasonably.

     

    EMPLOYER RIGHTS PERTAINING TO PREGNANCY AND MATERNITY LEAVE

    Does a job applicant need to disclose her pregnancy status to an employer? May an employer take disciplinary action against an employee who, at the time of appointment, failed to disclose her pregnancy? Or lied about it? May an employee who is on maternity leave be dismissed for genuine reasons relating to performance, disciplinary action or redundancy?

     

    FIXED TERM CONTRACTS:Changes effective 1Jan2015

    One of the most important changes to the Labour Relations Act , which came into effect on 1 January 2015, is the added protection afforded to employees on fixed term contracts. While some employers and employees are not directly affected, the impact will be far reaching and employers are encouraged to review their current contracts and practices to ensure compliance.