Listed below are all previously featured articles, organised by date. You can view any of these articles by clicking the title.

Friday, June 18, 2010
Electronic communications and employee privacy	by Jan Truter
When employees send e-mails, they don’t always anticipate where an e-mail might eventually end up. What about their right to privacy?
Monday, May 17, 2010
Not allowed to dismiss a thief ?	by Barney Jordaan
In Shoprite Checkers (Pty) Ltd v CCMA & Others the LAC held essentially that theft should be treated like all other forms of misconduct and that mitigating factors must also be taken into account.
Wednesday, April 28, 2010
EXPLANATORY NOTES: WHOLESALE & RETAIL CONTRACT O EMPLOYMENT	by
EXPLANATORY NOTE	by
Monday, January 18, 2010
Retrenchments become tricky	by Prof Barney Jordaan
Retrenching employees has been regarded as a relatively straight-forward process. However, recent judgements have shown that the requirement of fairness stretches beyond the text of legislation.
Tuesday, November 17, 2009
DEALING WITH DESERTION	by Jan Truter
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.
Wednesday, September 23, 2009
Dealing with ‘invisible’ illnesses	by Prof Barney Jordaan
Managing a situation involving an ‘invisible’ illness, e.g. depression, can be challenging, as the employer in Marsland v New Way Motor & Diesel discovered.
Friday, August 07, 2009
IMPLICATIONS OF WOMEN’S DAY FALLING ON A SUNDAY	by
Should Monday be regarded as a public holiday instead of Sunday, or should both Sunday and Monday be regarded as public holidays?
Wednesday, July 29, 2009
Don’t chew your disciplinary charges	by Jan Truter
Disciplinary charges can inevitably cause tension between employer and employee. The employee nevertheless has a duty to show respect for as long as the employment relationship continues.
Friday, July 10, 2009
NEW MINIMUM RATES FOR HOSPITALITY INDUSTRY	by
As from 1 July 2009, the minimum wage rates in the hospitality sector are set to increase by 11,1% (i.e. the CPIX rate of 9,1%, plus 2%).
Friday, July 03, 2009
Dishonest job applicants	by Jan Truter
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?
Tuesday, May 05, 2009
Protecting witnesses in disciplinary hearings	by Barney Jordaan and Elsa Huysamen
What does one do with whistleblowers who refuse to testify in a disciplinary hearing because they fear intimidation?
Monday, March 16, 2009
Red lights flashing for labour broking	by Barney Jordaan
The sensitive issue of the use of labour broking services has once again been raised after a recent finding of the High Court of Namibia. What are the implications for employers in South Africa?
Friday, February 20, 2009
FAILURE TO PROMOTE: A POTENTIALLY UNFAIR LABOUR PRACTICE	by Barney Jordaan
While it is generally recognised that the decision not to promote is the employer’s prerogative, employers often don't realise that the failure to promote may amount to an unfair labour practice.
Tuesday, January 06, 2009
Contracting via SMS	by Jan Truter
It is often assumed that a contract of employment has to be in writing to be valid. What about offers of employment via SMS?
Monday, November 03, 2008
The many faces of resignation	by Prof Barney Jordaan
Can an employer deduct monies from an employee’s salary if the employee fails to give proper notice of resignation? Does verbal resignation suffice or should it be in writing? More questions answered.
Tuesday, September 09, 2008
Fixed-term contracts: What happens if the employee works beyond the expiry date?	by Jan Truter
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?
Wednesday, July 23, 2008
USE OR ABUSE? ALLOWING EMPLOYEES TO USE COMPANY ASSETS	by Prof Barney Jordaan
The unauthorised personal use of company assets by employees is a growing and ongoing problem, and the greatest area of concern is usually the abuse of company telephones. How can this be contained?
Tuesday, June 24, 2008
NEW MINIMUM RATES FOR HOSPITALITY INDUSTRY	by
As from 1 July 2008, the minimum rates in the hospitality sector are set to increase by 12,1% (i.e. the CPIX rate of May 2008 of 10,1%, plus 2%).
Thursday, June 05, 2008
WHEN XENOPHOBIA REACHES INTO THE WORKPLACE	by Jan Truter
Can disciplinary action be taken against staff that threaten or assualt fellow employees outside the workplace?
Tuesday, May 06, 2008
EMPLOYERS’ LIABILITY FOR THEIR EMPLOYEES’ WRONGFUL ACTS	by Prof Barney Jordaan
In terms of our common law, there is a price that the employer has to pay for being able to issue instructions and exercise control over its employees while the latter are going about their duties.
Wednesday, April 16, 2008
	by
Wednesday, April 09, 2008
COLLECTIVE COVER-UP LEAVES NO PLACE TO HIDE	by Jan Truter
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?
Monday, March 17, 2008
NO NEED TO PANIC ABOUT PUBLIC HOLIDAYS ON 21 MARCH	by Labourwise
On Friday, 21 March 2008, we have the unusual situation that two public holidays, namely Good Friday and Human Rights Day, fall on the same day. This day should be treated as a normal public holiday.
Tuesday, March 04, 2008
MISCONDUCT: THE IMPORTANCE OF CLEAR AND KNOWN RULES	by Prof Barnye Jordaan
The key difference between misconduct and incapacity lies in the fact that the former involves intentionally or negligently breaking the work place rules.
Wednesday, February 27, 2008
NEW EARNINGS THRESHOLD EFFECTIVE FROM 1 MARCH 2008	by
Certain provisions of the BCEA of 1997 pertaining to working time do not apply to senior managerial employees or employees who earn in excess of certain amount per year (the
Tuesday, January 29, 2008
POWER OUTAGES – MUST EMPLOYEES BE PAID?	by Jan Truter and Barney Jordaan
Now that the country is facing a national crisis, we revisit the question about the entitlement of employees to full pay if their working hours have been reduced as a result of power outages.
Tuesday, December 18, 2007
	by Jan Truter
Recent case law on this issue clarifies the dilemma that employers face. It is not as simple as you think!
Thursday, November 22, 2007
WAIVING RIGHTS TO MATERNITY LEAVE	by Jan Truter
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.
Tuesday, October 09, 2007
The employee’s duty to be a whistleblower	by Prof Barney Jordaan
Can an employer discipline an employee for failing or refusing to disclose information about the illegal activities of a colleague?
Friday, September 07, 2007
	by
Wednesday, September 05, 2007
False accusations of racism	by Prof Barney Jordaan
A black employee falsely accuses a white employee of racism and gets fairly dismissed.
Monday, July 23, 2007
AGREEMENT TO TERMINATE EMPLOYMENT DUE TO PREGNANCY	by Jan Truter
Our Constitution protects pregnant employees against unfair discrimination. But can an employer and employee enter into an agreement that employment will be terminated if the employee fall pregnant?
Monday, June 18, 2007
New contracts necessary in Hospitality/Catering Industry	by Jan Truter
There is limited time available for employers in the hospitality trade to ensure that they get their contracts of employment in order.
Thursday, May 17, 2007
Hospitality/Catering Industry: New conditions could have severe cost implications	by Jan Truter
As from 1 July 2007 significant changes will be introduced to the hospitality industry. It stipulates minimum wages and other changes in conditions of employement.
Tuesday, May 08, 2007
Fixed-term contracts: Do frequent renewals result in permanent status?	by Prof Barney Jordaan
Many employers believe that someone who has been appointed on a fixed-term (or temporary) contract has to be appointed permanently after a certain number of renewals. This is not neccessarily so.
Friday, March 16, 2007
Dismissal for absenteeism due to HIV/AIDS	by Jan Truter
Dismissing an employee for absenteeism can be problematic when it appears that the actual reason for the absence was a chronic medical condition like HIV.
Thursday, February 08, 2007
Retrenchment disputes: Termination notices may be invalid	by Prof Barney Jordaan
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.
Friday, December 15, 2006
WHEN RELIGION AND REQUIREMENTS FOR GROOMING CLASH IN THE WORKPLACE	by Jan Truter
Religious freedom is a basic constitutional right. However, when an employee insists on exercising that right in the workplace it might become a sensitive and controversial matter.
Wednesday, October 25, 2006
HOW TO INTRODUCE CHANGES IN THE WORKPLACE	by Barney Jordaan
How does an employer introduce changes that are not to the employees' advantage without damaging the employment relationship or facing legal challenges.
Tuesday, September 19, 2006
The status of public holidays falling on Sundays	by Helena Janisch
If a public holiday falls on a Sunday, the next Monday is a public holiday in terms of the Public Holidays Act. What are the consequences for businesses whose employees routinely work on Sundays?
Thursday, September 07, 2006
DEMOTION OF EMPLOYEES WITH DISABILITIES	by Helena Janisch
Employers are encouraged by the LRA to accommodate employees with medical problems that affect their ability to perform at work.Can an employer demote an employee with a disability?
Monday, July 24, 2006
REMARKS ABOUT BOERS AND INDIANS CAUSE FRACAS IN THE WORKPLACE	by Jan Truter
The remark “...’n Boer maak 'n plan, but an Indian is born with a plan”, might evoke a chuckle, annoyance or even anger, but seldom indifference. It can also cost you your job.
Wednesday, June 21, 2006
Dismissing an imprisoned employee	by Barney Jordaan and Ramula Patel
An imprisoned employee is unable to fulfil his or her contractual obligations in terms of the employment contract. But is this a sound basis for dismissing the employee?
Friday, May 26, 2006
PROCEDURAL FAIRNESS IN DISCIPLINARY HEARINGS	by Jan Truter and Barney Jordaan
Does a disciplinary hearing have to be conducted like a criminal trial? The Labour Court has indicated a different approach.
Tuesday, May 02, 2006
PUBLIC HOLIDAYS FALLING ON SUNDAYS	by Labourwise
Is it substituted by the public holiday on the Monday and therefore ceases to be a public holiday? Or is the Monday also a public holiday in addition to the Sunday?
Thursday, March 30, 2006
Retrenchments: the employer’s obligation to offer alternatives	by Helena Janisch
How far must an employer go in offering alternative positions to employees during a retrenchment process?
Monday, February 27, 2006
POWER OUTAGES – MUST EMPLOYEES BE PAID?	by Jan Truter
Are you in the dark about paying your employees during the power failures? Read here how to deal with the issue.
POWER OUTAGES – MUST EMPLOYEES BE PAID?	by Jan Truter
If your operation cannot afford to stop production on 1 March 2006, follow these guidelines!
Friday, January 27, 2006
DISMISSAL FOR REFUSING TO SIGN A CONTRACT	by Jan Truter
Employers are often at a loss when an employee refuses to sign a contract of employment. Can the employee be disciplined or dismissed? What other measures are available to the employer?
Monday, December 05, 2005
Epilepsy, incapacity and safety hazards: TA fit in the factory: Epilepsy and he employer’s dilemma	by Helena Janisch
An employer faces a dilemma where an employee suffers from a medical condition that could be a health or safety hazard.
Wednesday, November 02, 2005
Dagga: Whose problem is it really?	by Jan Truter
An employee arrives at work under the influence of dagga. Find out what to do if his or her problem becomes your problem.
Friday, September 30, 2005
Suspension as a disciplinary penalty	by Prof Barney Jordaan
It happens from time to time that the employer is unhappy with the outcome of a disciplinary hearing chaired by a line manager or independent outside party. Can the employer nullify the proceedings?
Wednesday, August 31, 2005
Polygraph controversy continues	by Helena Janisch
In a recent case the arbitrator affirmed that the outcome of polygraph tests may be taken into account when other grounds for believing that the employee has been dishonest is present
Thursday, July 07, 2005
BUSINESSES PAY FOR THE SINS OF THEIR EMPLOYEES	by Jan Truter
There is nothing new about the fact that employers can be sued for damages suffered by others due to the fault of their employees. It is referred to as the rule of vicarious liability...
Thursday, June 02, 2005
Stress-- related absenteeism not always valid reason for dismissal	by Prof Barney Jordaan
Stress can render an employee incapable of doing the job. It can also cause regular absenteeism. Where the stress is work-related, however, extra care needs to be taken before considering dismissal.
Friday, April 22, 2005
E-MAIL ABUSE AT WORK: WHEN A JOKE IS NO LONGER A JOKE	by Jan Truter
Just about every person who has access to e-mail has received a joke of a racist or sexual nature. The abuse of e-mail can pose a serious risk to the employer.
Wednesday, March 09, 2005
USING STATEMENTS FROM COMPLAINING CUSTOMERS IN DISCIPLINARY HEARINGS	by Prof Barney Jordaan
A customer lodged a serious complaint against one of my employees. How do I deal with this evidence in a disciplinary hearing?
Thursday, February 03, 2005
THE COMPETENT EMPLOYEE WHO IS A MISFIT THAT DOES NOT FIT IN	by Jan Truter
What should be done in the case of a competent employee with unusual personality traits or other qualities that cause the employee to be incompatible in the working environment?
Monday, December 13, 2004
LEGAL REPRESENTATION IN DISCIPLINARY HEARINGS	by Prof Barney Jordaan
Much has been said of late about a new decision of the Supreme Court of Appeals dealing with the question whether employees are entitled to legal representation in disciplinary hearings.
Friday, November 19, 2004
THE CHALLENGES OF DEALING WITH AN INCOMPETENT EMPLOYEE	by Jan Truter
How do you tell an employee that he/she appears to be incompetent without negatively affecting attitude? This is one of the reasons why employers avoid taking action against poor performing employees.
Friday, October 08, 2004
OUTSOURCING: THE PRO’S AND CON’S	by Prof Barnye Jordaan
Outsourcing is a new buzzword that, on the face of it, holds the promise of flexibility and profitability. But there may be several disadvantages that are not all that obvious.
Friday, September 03, 2004
Suspension as a disciplinary penalty	by Jan Truter
Under what circumstances may suspension without pay be used as a penalty or corrective action? It is a less common practice because of uncertainty about when and how to apply it.
Monday, July 05, 2004
Retrenching for the wrong reasons	by Prof Barney Jordaan
Poor work performance is often difficult to pin down.Retrenching the employee might seem like an easy way out, but can this be done legally and fairly?
Monday, June 14, 2004
VENUS FLYTRAP: PREGNANCY AND MATERNITY IN THE WORKPLACE	by Jan Truter
Traditional views about pregnancy and maternity are often associated with prejudice. The law protects women against unfair discrimination arising from such prejudice.
Wednesday, April 21, 2004
PROBATION DISGUISED AS A FIXED-TERM CONTRACT	by Prof Barney Jordaan
How does one get rid of an employee who does not meet the employer’s expectations? The idea of a fixed-term contract might seem a good solution, but this idea might be flawed!
Wednesday, March 17, 2004
WHEN THE ELDERLY EMPLOYEES STEP DOWN: RETIREMENT OR DISMISSAL?	by Jan Truter
Some people are quite happy to retire at the earliest possible opportunity. Others simply don’t want to let go. What should an employer do when faced with this very sensitive scenario?
Monday, February 02, 2004
STOCK LOSS AND COLLECTIVE RESPONSIBILITY	by Prof Barney Jordaan
What must I do if a number of employees are collectively responsible for stock losses? There is a way to resolve this tricky scenario.
Tuesday, December 09, 2003
	by Jan Truter
What one employee sees as flirtation, another might experience as sexual harrassment. Where does this leave the employer?
Monday, October 27, 2003
	by Prof Barney Jordaan
Recent newspaper reports were not entirely correct.
Thursday, October 16, 2003
Resignation in the face of discipline	by Jan Truter
It is not uncommon for an employee to resign in the face of a disciplinary hearing. Can the employer offer resignation as an alternative to disciplinary action?
Tuesday, September 02, 2003
	by Prof. Barney Jordaan
Few employment-related problems are as difficult to manage as absenteeism. In some cases disciplinary action can be taken and in other cases a different approach may be indicated.
Wednesday, July 16, 2003
Consistency in dismissal for theft	by Jan Truter
The imprtance of being consistent in applying discipline cannot be over-emphasised.
Thursday, June 12, 2003
Medical certificates: Dispelling the myths	by Prof. Barney Jordaan
If your employee comes back from sick leave with a sick note, it does not necessarily mean you have to accept it.
Wednesday, June 04, 2003
	by Barrie Terblanche of BigNews
Here is some comforting news if you are still battling with your Access to Information manual
Monday, May 12, 2003
THE COMPETENT EMPLOYEE WHO IS A MISFIT THAT DOES NOT FIT IN	by Jan Truter
Labour laws are there to protect all workers. Senior managerial employees and high earners do not enjoy the same protection as other employees..
Monday, April 07, 2003
HIV TESTING IN THE WORKPLACE	by Jan Truter
The extent of the prohibition on HIV/Aids testing of employees has caused widespead concern. Here are some pointers for employers.
Tuesday, March 11, 2003
	by Hannelie Booyens
Get some answers on the compulsory registration of certain categories of domestic workers.
	by Hannelie Booyens
Tuesday, February 25, 2003
PROMOTION OF ACCESS TO INFORMATION: MORE INFORMATION PLEASE!	by Jan Truter
If you are in the dark about the new legislation, read this and follow the link in our
Friday, January 03, 2003
Amendments to labour legislation during 2002: Can employers still be pro-active?	by Jan Truter
An overview of some of the changes in labour legislation in 2002. Some practical guidelines on implementation.
Wednesday, December 04, 2002
DESERTION: THE CORRECT APPROACH	by Jan Truter
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 do you do?
Thursday, October 31, 2002
SEXUAL HARASSMENT AND THE EMPLOYER'S RESPONSIBILITY	by Jan Truter
If you or one of your employees have referred a case to the CCMA, be aware! In certain cases conciliation and arbitration can now take place on the same day.
Wednesday, October 02, 2002
RETRENCHMENT: ROCKY ROAD FOR EMPLOYERS	by Jan Truter
This is for those of you that employ more than 50 employees
Tuesday, September 03, 2002
New labour legislation: PROBATION CLARIFIED	by Jan Truter
Many myths surround the concept of
New labour legislation: PROBATION CLARIFIED	by Jan Truter
Retrencment is always an emotional process, but there are clear guidelines on how to go about it.
Friday, August 02, 2002
TRANSFERRING YOUR BUSINESS – SIMPLIFIED OR COMPLICATED?	by Jan Truter
One of the most significant amendments to the Labour Relations Act that became effective on 1 August 2002, relates to the transfer of business as a going concern. Here are some pointers...
Monday, July 01, 2002
	by Jan Truter
The first in a series on the new legislation. This is an overview of the most important changes. Changes will be dealt with in more detail in future articles.
Wednesday, May 29, 2002
	by Jan Truter
IT IS late January when your bookkeeper, Gwen, reminds you that her child is due to be born on or about the 19th of March. Financial year end is coming up. What do you tell her?
	by Jan Truter
I recieved a LRA form 7.11 by fax requesting me to attend a conciliation hearing. What do I do now?
Friday, May 10, 2002
	by Jan Truter
Monday, March 25, 2002
	by Jan Truter
Employers are sometimes confronted with a disgruntled employee who resigns or threatens to resign. It usually happens in the heat of the moment and a lot of emotion is involved. Due to the...
	by Jan Truter
It is sometimes extremely difficult to track the wrongdoer if staff members are involved in the loss of money / stock. Out of desperation some employers resort to polygraph testing. Are they reliable?
	by Jan Truter
Knowing whether a person you employ is competent to do the job is virtually impossible to say. What to do if the person does not meet the requirements?
	by Jan Truter
Certain amendments to labour laws were tabled in Parliament recently. But how will it affect your businesses? In this article we will simply highlight some of the changes of which SMMEs should be awar
Monday, March 18, 2002
	by J. L. Truter
Contractor or employee? That is the question that will come up more regularly when the forthcoming changes in labour laws are introduced.
	by J. L. Truter
In a time that work fluctuates and many are struggling to survive, businesses have resorted to “casual labour” to provide more flexibility. Whilst the concept may seem attractive, all is not as simple
	by J. L. Truter
In order to escape the labour laws, some employers have sought to appoint persons as independent contractors, rather than as employees. But is this always appropriate?

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