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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.

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Unfair dismissals DISMISSAL: MISCONDUCT DISMISSAL: MEDICAL INCAPACITY DESERTION & RESIGNATION DISMISSAL: POOR WORK PERFORMANCE RETRENCHMENT <50 EMPLOYEES RETRENCHMENT >50 EMPLOYEES Basic conditions - specific sectors WHOLESALE / RETAIL HOSPITALITY TRADE DOMESTIC WORKERS FARM WORKERS Basic conditions of Employment Act PURPOSE AND APPLICATION WORKING HOURS LEAVE EMPLOYMENT CONTRACTS TERMINATION OF EMPLOYMENT EMPLOYMENT OF CHILDREN SECTORAL DETERMINATIONS Disputes GRIEVANCES AND DISPUTE RESOLUTION CONCILIATION ARBITRATION AT THE CCMA Unions and strikes UNION RIGHTS NEGOTIATING WITH UNIONS PROTECTED STRIKES UNPROTECTED STRIKES Employment equity DISCRIMINATION AFFIRMATIVE ACTION

Click here to subscribe to our newsletter and receive free articles. WORKING AFTER RETIREMENT – BUT HOW DOES ONE TERMINATE EMPLOYMENT? It sometimes makes sense for companies to allow certain employees to continue working after the agreed or normal retirement age. The question is this: How does one go about terminating employment during that period? by Jan Truter   MAY AN EMPLOYEE WITHDRAW A RESIGNATION? May an employee withdraw a notice of termination and must the employer accept the withdrawal? And is there a distinction between desertion and resignation without proper notice? by Barney Jordaan   CLAIMING FOR SKILLS DEVELOPMENT CLARIFIED It is a misconception that companies can only be reimbursed for training provided by external SETA-registered institutions. Companies can in fact also be reimbursed for structured internal, day to day training as well as Learnerships offered. by Karlien Scholtz   IMPACT OF AMENDMENTS TO THE EMPLOYMENT EQUITY ACT The Bill seeks to rectify anomalies and clarify uncertainties that have arisen out from the interpretation of the EEA in the past decade. We will also see the expansion of the powers of the Labour Inspectorate and the jurisdiction of the CCMA. by Jan Truter   SIGNIFICANT CHANGES COMING TO BBBEE LEGISLATION The DTI recently published a number of proposed amendments to the Broad Based Black Economic Empowerment Act for comment, which if implemented will have a significant impact on organisations, making it more onerous to retain or improve their ratings. by Neil Raymer   ACCOMMODATING RELIGIOUS BELIEFS In a society with diverse religious beliefs employers are challenged not only to be tolerant, but also to accommodate that diversity in the workplace. To what extent must religious beliefs and practices of employees be accommodated? by Barney Jordaan   EMPLOYEES WHO REFUSE TO SIGN A CONTRACT Generally an employee may not be dismissed for refusing to sign a contract of employment. But are there circumstances where the employer can take stronger action short of dismissal? by Jan Truter   HIGHLIGHTS OF THE LRA AMENDMENT BILL Finally we have clarity about the nature of the forthcoming amendments to the LRA and BCEA. by Barney Jordaan   HOW SERIOUS IS THE TRADE UNION THREAT? When a trade union approaches an employer with the news that its employees have joined the union, one can understand that some employers might experience a sense of betrayal. But is it as bad as it seems? by Jan Truter   RETIREMENT AGE – THE EMPLOYER’S CHALLENGE Our law does not provide for a national or general age at which employees have to, or may retire. Contracts of employment may of course contain an agreed retirement age, in which case the employer may ask the employee to leave employment once he or she has reached the agreed age. This is obviously subject [...] by Barney Jordaan   TRASHING YOUR BOSS ON FACEBOOK Social networks, such as Facebook, serve as a useful vehicle for sharing one’s personal views. It can also have unexpected and unfortunate ramifications. One example is when an employee makes use of a social network to air his views about his or her employer. by Jan Truter   AFFIRMATIVE ACTION: WHERE THE LAW STANDS AT PRESENT The recently proposed amendments to the Employment Equity Act (‘EEA’) created much discussion and concern. The concern arose from both the substance of some of the proposals and the poor manner in which they were drafted. For now it would appear that the proposed changes (as well as proposed changes to the LRA and the BCEA) will not be passed in law in their current form. We are likely to see, at some point in the not too distant future, better considered and drafted proposals for change. by Barney Jordaan   PROSPECTIVE EMPLOYEE’S DUTY TO DISCLOSE INFORMATION There is a fair chance that a job seeker has left the employment of the former employer on bad terms. Whatever the circumstances, the applicant is faced with the difficulty that volunteering such information could harm the prospects of getting a new job. The job seeker may get away by being scant on detail in the CV. Being evasive during the job interview is likely to be more problematic. But how far does the duty to disclose go? by Jan Truter   DEALING WITH DESERTION When an employee is absent for several days without communicating with the employer, the incorrect assumption is often made that the employee has deserted and has therefore dismissed himself. by Jan Truter   DISHONEST JOB APPLICANTS Not everyone applying for a new job has left the previous employer on good terms. How many details of the applicant’s employment history should be disclosed to the prospective employer? by Jan Truter   PROTECTING WITNESSES IN DISCIPLINARY HEARINGS What does one do with whistleblowers who refuse to testify in a disciplinary hearing because they fear intimidation? by Barney Jordaan   FIXED-TERM CONTRACTS: WHAT HAPPENS IF THE EMPLOYEE WORKS BEYOND THE EXPIRY DATE? It often happens that an employee who has been appointed on a fixed-term contract is allowed to continue working beyond the expiry date. What is the employee’s status after that date? Is the employee regarded as being temporary? A fixed-term contract is one that commences on a particular date and ends on a particular date [...] by Jan Truter   COLLECTIVE COVER-UP LEAVES NO PLACE TO HIDE Where individuals within a group of employees have committed misconduct, members of the group may refuse to give information to assist in identifying the culprits. What action can be taken? by Jan Truter   MISCONDUCT: THE IMPORTANCE OF CLEAR AND KNOWN RULES The key difference between misconduct and incapacity lies in the fact that the former involves intentionally or negligently breaking the work place rules. by Barney Jordaan   WAIVING RIGHTS TO MATERNITY LEAVE An employee’s right to maternity leave could pose operational problems for an employer, particularly for a small business. But how far can the employer go to protect its business interests. by Jan Truter   RETRENCHMENT DISPUTES: TERMINATION NOTICES MAY BE INVALID Retrenching employees is no simple matter. A recent Labour Court case has indicated that in the case of large-scale retrenchments, there is even a greater burden on employers than previously thought. by Barney Jordaan   HOW TO INTRODUCE CHANGES IN THE WORKPLACE How does an employer introduce changes that are not to the employees’ advantage without damaging the employment relationship or facing legal challenges. by Barney Jordaan   THE COMPETENT EMPLOYEE WHO IS A MISFIT Most employers know by now how to deal with employees who break the rules or don’t meet performance standards. It is not so apparent what should be done in the case of an employee with unusual personality traits or other qualities that cause the employee to be incompatible in the working environment. by Jan Truter   AMENDMENTS TO LABOUR LEGISLATION DURING 2002: CAN EMPLOYERS STILL BE PRO-ACTIVE? During 2002 several important amendments were made to South African labour legislation. There are some amendments we should take cognisance of but they do not require us to take any action unless something happens such as a retrenchment exercise or the dismissal of an employee. However, there are other changes where it is in an employer’s interest to take pro-active steps. by Jan Truter   DESERTION: THE CORRECT APPROACH With the end of the year around the corner, some employers face the prospect of employees going on leave and not returning on the due date or not returning at all. What is the correct way of dealing with such a situation? by Jan Truter   SEXUAL HARASSMENT AND THE EMPLOYER’S RESPONSIBILITY Flirtation with colleagues at work is commonplace. Yet, what one person might regard as a light flirtation, another might consider to be sexual harassment. These different perspectives could potentially create problems for the employer. The labour court has recently found in a well-publicized case, that the employer could be held liable for the actions of its employees if it does not intervene. by Jan Truter   RETRENCHMENT: ROCKY ROAD FOR EMPLOYERS As far as retrenchment is concerned, not much has changed for employers who employ 50 or fewer employees (See the Labourwise article of May 2002 on www.labourwise.co.za). However, employers employing more than 50 employees and considering reducing their staff, face a more challenging process. This article concentrates on the practical implications of the relevant amendments to the Labour Relations Act of 1995. by Jan Truter   NEW LABOUR LEGISLATION: PROBATION CLARIFIED The recent amendment to the Labour Relations Act pertaining to probation has been well received by employers. The purpose and period of and the procedures to be followed during probation are clarified in Schedule 8 of the Act, as amended. But is it really easier now to dismiss an employee on probation? by Jan Truter   HIV TESTING IN THE WORKPLACE Due to the growing prevalence of HIV in society, employers are experiencing an increasing impact on the workplace. Absenteeism is increasing and speculation about the risks to non-infected persons is rife. Are employers permitted to assess the extent of the disease in their workplace, or even go so far as to determine the identities of those who are infected? by Jan Truter