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Electronic communications and employee privacy
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When employees send e-mails, they don’t always anticipate where an e-mail might eventually end up. What about their right to privacy?
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Not allowed to dismiss a thief ?
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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.
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DEALING WITH DESERTION
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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.
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Contracting via SMS
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It is often assumed that a contract of employment has to be in writing to be valid. What about offers of employment via SMS?
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WAIVING RIGHTS TO MATERNITY LEAVE
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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.
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Retrenchment disputes: Termination notices may be invalid
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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.
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HOW TO INTRODUCE CHANGES IN THE WORKPLACE
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How does an employer introduce changes that are not to the employees' advantage without damaging the employment relationship or facing legal challenges.
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E-MAIL ABUSE AT WORK: WHEN A JOKE IS NO LONGER A JOKE
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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.
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WHEN THE ELDERLY EMPLOYEES STEP DOWN: RETIREMENT OR DISMISSAL?
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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?
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