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DAGGA BAN AND RELIGIOUS DISCRIMINATION

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan Truter & Barney JordaanLeave a Comment

Since the decriminalisation of the cultivation, possession and use of cannabis for private purposes, there have been several cases in which employees have challenged their employers regarding the banning or restriction of cannabis. The Labour Court recently considered a case of alleged discrimination for religious reasons.

EMPLOYMENT EQUITY UPDATE

In Labour News, Labour News Teazer by Karlien Scholtz1 Comment

The amendments to the Employment Equity Act (EEA) were expected to come into effect on 1 September 2023, in which event companies with fewer than 50 employees would no longer have been obliged to comply with the affirmative action provisions of the EEA. So why the delay, and what are the consequences?

TAXI STRIKE – NO TRANSPORT, NO PAY?

In Labour News, Labour News Teazer by Jan Truter1 Comment

The taxi strike has given rise to several questions surrounding an employer’s responsibility towards its employees. Do employers have an obligation to provide transport or to pay employees? What about the employer’s obligations in terms of occupational health and safety legislation?

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JUST HOW RELIABLE ARE BREATH-ALCOHOL (‘BREATHALYSER’) TESTS?

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan Truter1 Comment

Being under the influence of alcohol at work cannot be tolerated in any workplace. Some employers set the bar higher by adopting a ‘zero-tolerance’ approach with regard to the mere presence of alcohol in an employee’s system. Breath-alcohol (‘breathalyser’) tests are commonly used as a measuring tool in both instances. But just how reliable are these tests?

VISA REPRIEVE FOR FOREIGN NATIONALS IN SOUTH AFRICA

In Labour News, Labour News Teazer by Jan TruterLeave a Comment

On Wednesday, 29 March 2022, the Director General of Home Affairs made an announcement that would be good news to many foreign nationals. Certain applicants whose visa or waiver application outcomes are still pending have been given a temporary extension until 31 December 2023 to make the necessary arrangements to validate their right to live and work in South Africa.

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RETRENCHMENT AND THE PREGNANT EMPLOYEE

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan Truter3 Comments

When an employee goes on maternity leave, others almost inevitably have to fill in for her. During her absence the question may arise whether she is really needed and whether her position has become redundant. May the employer retrench her in these circumstances? Our courts have repeatedly come to the assistance of pregnant employees who have been discriminated against. But how far does that protection go? Read more…

NEW EARNINGS THRESHOLD AS FROM 1 MARCH 2023

In Labour News, Labour News Teazer by Jan Truter2 Comments

Employees who earn in excess of certain amount per year (the “earnings threshold”), do not enjoy the same protection as lower earning employees. Working time is also regulated differently for senior managerial employees even if they earn less than the earnings threshold. How does this work, and are there other implications?

NEW EARNINGS THRESHOLD FROM 1 MARCH 2022

In Labour News, Labour News Teazer by Jan TruterLeave a Comment

The regulation of working time for employees who earn in excess of certain amount per year (the “earnings threshold”), is different to that of lower earning employees. Working time is also regulated differently for senior managerial employees even if they earn less than the earnings threshold. How does this work, and are there other implications?

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LANGUAGE DISCRIMINATION: UNABLE TO SPEAK CHINESE!

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan TruterLeave a Comment

In South Africa, allegations of unfair discrimination tend to have a familiar theme – often an employee having been discriminated against on the basis of being black, female, pregnant, etc. But every now and then a white male claims to have been on the receiving end of unfair discrimination. If one adds language and culture to the mix, it makes for interesting reading.

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BOMBSHELL FOR RESTAURANTS AND RELATED ESTABLISHMENTS

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan Truter9 Comments

In the wake of the devastation caused by Covid-19, fast food outlets, restaurants and caterers across the country are being dealt yet another blow. The Minister of Employment and Labour has extended the terms of the Main Agreement of a newly formed Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades (‘BCFFRCAT’) to establishments across the entire country.

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RETRENCHMENT PAYOUTS IN THE COVID-19 CONTEXT [Abbreviated version]

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan Truter4 Comments

[Abbreviated version] The long-term effects of Covid-19 on businesses have become clearer. Short-term interventions, such as taking annual leave, temporary lay-off, short time and pay cuts, may no longer be appropriate. It may be necessary for a more permanent measure; i.e. retrenchment. But what payments are employees entitled to if they are retrenched?

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ANNUAL LEAVE IN THE COVID-19 CONTEXT

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan Truter20 Comments

As we approach the end of a very unusual year, employers are faced with multiple questions surrounding annual leave entitlement.

Many employees took annual leave during the lockdown, resulting in a significant depletion of the leave available to them. Many employees have also been laid off or had their work hours reduced. But how has leave accrued during this period and how must it be calculated?

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WHO PAYS SALARIES DURING 21-DAY LOCK-DOWN?

In Article Archive, Article Archive - Home, Article Archive - Teazer, Labour News, Labour News Teazer by Jan Truter35 Comments

In a drastic measure to curb the spread of COVID-19, the SA Government has declared a lock-down as from midnight on Thursday 26 March 2020 until midnight on Thursday 16 April 2020. This will be enacted in terms of the Disaster Management Act. During this period all employees, with the exception of a few categories, will have to stay at home. Who pays their salaries? What happens after the 21-day lock-down?

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COVID-19 & UIF – SHORT TIME & TEMPORARY LAY-OFF

In Article Archive, Article Archive - Home, Article Archive - Teazer, Labour News, Labour News Teazer by Jan Truter21 Comments

Some businesses are under severe strain as a consequence of the severe measures implemented due to the COVID-19 having been declared a national disaster. They are resorting to emergency measures such as short time & temporary lay-off. A fairly recent amendment to the Unemployment Insurance Act of 2001 is likely to bring much needed relief to affected employees.

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CORONAVIRUS IMPACT IN THE WORKPLACE

In Article Archive, Article Archive - Home, Article Archive - Teazer, Labour News, Labour News Teazer by Jan Truter5 Comments

Now that the World Health Organisation has declared the Coronavirus (COVID-19) outbreak a pandemic and the President has declared it a national disaster, employers are under increased pressure to take action: What precautionary measures should be taken, what forms of leave apply, how must employees be accommodated, quarantine, how does one deal with a slowdown in business, etc?

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HEARSAY EVIDENCE IN DISCIPLINARY AND ARBITRATION HEARINGS

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan Truter3 Comments

Occasionally a customer or other external party is witness to employee misconduct. It may be necessary for such person to give evidence in disciplinary proceedings. If the employee challenges the outcome of the hearing, such evidence may also be needed in arbitration proceedings. But what if the person does not want to get involved? Is hearsay evidence allowed?

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Disciplinary action after resignation with immediate effect

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan TruterLeave a Comment

Can employees escape the consequences of their actions by resigning with immediate effect? There has been uncertainty about an employer’s right to proceed with disciplinary action after an employee’s resignation ‘with immediate effect’ but a judgement of the Labour Court in Cape Town has brought about much needed clarity.