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. In many respects the law is clarified. But here are some sticky questions.
LEAVE
Contents
1. ANNUAL LEAVE AND LEAVE PAY
2. SICK LEAVE
3. MATERNITY LEAVE
4. FAMILY RESPONSIBILITY LEAVE
5. OCCASIONAL LEAVE
EMPLOYMENT CONTRACTS
Contents
1. WRITTEN PARTICULARS OF EMPLOYMENT TO BE KEPT
2. EMPLOYEES TO BE INFORMED OF THEIR RIGHTS
3. KEEPING OF RECORDS
4. INFORMATION ABOUT REMUNERATION
5. CERTIFICATE OF SERVICE
6. REMUNERATION: CALCULATION, PAYMENT AND DEDUCTIONS
BASIC CONDITIONS – SPECIFIC SECTORS – HOSPITALITY TRADE
Sectoral Determination 14: Hospitality Sector
Hospitality Trade – Minimum wages 2020–2021
Hospitality Trade – Contract of employment: Permanent
Hospitality Trade – Contract of employment: Fixed
TERMINATION OF EMPLOYMENT
Contents
1. NOTICE PERIODS
2. PAYMENT IN LIEU OF NOTICE
3. EMPLOYEES IN ACCOMMODATION PROVIDED BY THE EMPLOYER
4. SEVERANCE PAY
BASIC CONDITIONS – SPECIFIC SECTORS – WHOLESALE/RETAIL
Sectoral Determination 9 – Wholesale and Retail Sector
Wholesale & Retail – Minimum wages 2020-2021
Wholesale & Retail – Contract of employment: Permanent
Wholesale & Retail – Contract of employment: Fixed
Wholesale & Retail – Explanatory notes
Annexure A: Proof of employment
Annexure B: Attendance register
Annexure C: Payslip
EMPLOYMENT OF CHILDREN
The Act prohibits the employment of children who are under school-leaving age. In terms of the Schools Act of 1996, children must attend school until the last day of the …
BASIC CONDITIONS – SPECIFIC SECTORS – DOMESTIC WORKERS
Sectoral Determination 7: Domestic Worker Sector
Domestic worker – Minimum wages 2020-2021
Domestic worker – Contract of employment
Domestic worker – Explanatory Note
Domestic worker – Time and Wage record
Domestic worker – Certificate of service
Domestic worker – Sectoral Determination Summary
Huiswerker – Dienskontrak
Huiswerker – Tyd en loon rekord
Huiswerker – Dienssertifikaat
SECTORAL DETERMINATIONS
The starting point in considering what basic conditions of employment apply to your business, is the Basic Conditions of Employment Act of 1997 (BCEA). It is, however, just as important …
BASIC CONDITIONS – SPECIFIC SECTORS – FARM WORKERS
Sectoral Determination 8: Farm workers
Farm workers – Minimum wages 2020–2021
Farm workers – Contract of employment
Farm workers – Explanatory notes
Farm workers – Accommodation addendum
WHAT IS A “CASUAL”?
Question: Does the concept of a “casual” still exist?
EXPLANATORY NOTES: WHOLESALE & RETAIL CONTRACT EMPLOYMENT
A comprehensive discussion of Sectoral Determination 9: Wholesale and Retail with practical examples can be found on www.labourwise.co.za Wholesale and Retail Sector This employment contract is based on Sectoral Determination …
DISMISSAL: MISCONDUCT
Contents
1. OVERVIEW: DISMISSAL FOR MISCONDUCT
2. THE NATURE OF DISCIPLINE
2.1 There must be a rule or standard
2.2 The rule must be valid
2.3 The rule must be consistently applied
2.4 The employee must be aware of the rule
2.5 Corrective approach
3. THE DISCIPLINARY HEARING
3.1 Preparation for disciplinary hearing
3.2 Conducting the disciplianry hearing
3.3 Administration after the hearing
Downloadable Forms Click here to access these documents in the Forms section
1A1 Notice of Disciplinary Enquiry
1B1 Detailed Guidelines: Preparing for Disciplinary Enquiry
Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 1.1 Disciplinary Code & Procedure
Form1.2 Informal disciplinary interview.No dismissal envisaged
Form 1.3 Record of warning. All in one
Form 1.4 Notice of disciplinary hearing
Form 1.4b Notice of disciplinary hearing & suspension
Form 1.4c Suspension only
Form 1.5 Formal disciplinary hearing guidelines. Possible dismissal
Form 1.6 Dismissal.notice
Form 1.7 Administration after dismissal
Form 1.8 Certificate of service
DISMISSAL: MEDICAL INCAPACITY
Contents
1. WHAT IS MEANT BY MEDICAL INCAPACITY?
2. HOW DOES THE EMPLOYER BECOME AWARE OF THE PROBLEM?
3. WHAT PROCEDURES MUST BE FOLLOWED?
4. NOTIFICATION
5. ASSISTANCE / REPRESENTATION
6. CONSIDERATIONS OF FAIRNESS
7. CONFIDENTIALITY
8. THE TEST – LABOUR RELATIONS ACT OF 1995
Downloadable Forms Click here to access these documents in the Forms section
Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 3.1 Checklist
Form 3.2 Consent to disclose medical condition
Form 3.3 Notice of investigation
Form 3.4 Notice of dismissal
DISCRIMINATION
Contents
1. ELIMINATION / PROHIBIBTION OF UNFAIR DISCRIMINATION
2. WHERE DOES DISCRIMINATION ARISE?
3. MEDICAL TESTING
4. PSYCHOLOGICAL TESTING & SIMILAR ASSESSMENTS
5. DISPUTES ABOUT UNFAIR DISCRIMINATION
UNION RIGHTS
Contents
1. WHEN DO TRADE UNIONS HAVE RIGHTS?
2. TRADE UNION ACCESS
3. DEDUCTION OF SUBSCRIPTIONS OR LEVIES
4. LEAVE FOR TRADE UNION ACTIVITIES
5. TRADE UNION REPRESENTATIVES (SHOP STEWARDS)
6. DISCLOSURE OF INFORMATION
7. TRADE UNION APPROACH AND DISPUTES
Downloadable Forms Click here to access these documents in the Forms section
Form 6.1 Authorisation to deduct
Form 6.2 Notice of revocation
Form 6.3 Draft Recognition agreement
DESERTION & RESIGNATION
Contents
1. DESERTION
1.1. Meaning of desertion?
1.2. How to dismiss a deserter
1.3. How to dismiss a deserter
1.4. What if the deserter returns?
2. RESIGNATION
2.1. Meaning of resignation
2.2. How to deal with resignation
2.3. What if the person withdraws the resignation?
Downloadable Forms Click here to access these documents in the Forms section.
Form 5.1 Desertion letter
GRIEVANCES AND DISPUTE RESOLUTION
Contents
1. MANIFESTATIONS OF CONFLICT
2. THE NEED FOR A GRIEVANCE PROCEDURE
2.1. Definition
2.2. Why a Grievance Procedure ?
2.3. Group vs. Individual Grievance
2.4. Causes of grievances
2.5. Grievances vs. collective bargaining
2.6. Grievances vs. Discipline
3. PARTICIPANTS IN THE GRIEVANCE PROCEDURE
3.1. The Employee(s)
3.2. The Representative
3.3. The Supervisor
3.4. Management
4. CONDUCTING THE GRIEVANCE HEARING
4.1. Underlying principles
4.2. Always lend an ear
4.3. Consequences of badly handled grievances / no grievance procedure
4.4. Awareness of employees
4.5. Time scale
4.6. Record keeping
4.7. Do’s and Don’ts of grievance handling
Downloadable Forms Click here to access these documents in the Forms section
10A Grievance Notification
10B Grievance Hearing
10C Employee Information Document: Grievance Procedure
DISMISSAL: POOR WORK PERFORMANCE
Contents
1. POOR WORK PERFORMANCE: WHERE DOES IT FIT IN ?
2. MEANING OF POOR WORK PERFORMANCE
3. DEALING WITH POOR WORK PERFORMANCE
4. WHO SHOULD BE INVOLVED ?
5. INVESTIGATION THAT MAY LEAD TO DISMISSAL
6. THE TEST – LABOUR RELATIONS ACT
7. PROBATIONERS
Downloadable Forms Click here to access these documents in the Forms section
Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 2.1 Poor performance counselling
Form 2.2 Poor performance Notice of Investigation
Form 2.3 Poor performance Investigation guidelines
Form 2.4 Poor performance Notice of dismissal
AFFIRMATIVE ACTION
Contents
1. INTRODUCTION
2. THE EMPLOYMENT EQUITY ACT APPLIES TO “DESIGNATED EMPLOYERS”
3. THE OBLIGATION TO CONSULT
4. MAIN OBLIGATIONS OF THE EMPLOYER
4.1 Analysis
4.2 Employment Equity Plan (EEP)
4.3 Report on Employment Equity progress
5. OTHER DUTIES OF THE EMPLOYER
6. INFORMING THE EMPLOYEES
7. ADDRESSING INCOME DIFFERENTIALS
8. COMPLIANCE
9. STATE CONTRACTS
Downloadble Forms Click here to access these documents in the Forms section
Form 14.1 – Turnover threshold applicable to designated employers
From 14.2 – Possible fines for contravening the Employment Equity Act
Code of Good Practice: Employment Equity Plan
Regulations (including standard reporting forms)
NEGOTIATING WITH UNIONS
Contents
1. INTRODUCTION
2. RECOGNITION OF TRADE UNIONS
2.1 When to Recognise a Trade Union
2.2 The Recognition Agreement
3. BARGAINING STRUCTURES
3.1 Bargaining Units
3.2 Levels of Collective Bargaining
3.3 Bargaining Forums
4. WAGE NEGOTIATIONS
4.1 Preparing for Wage Negotiations
4.2 Conducting Wage Negotiations
4.3 Agreement and Implementation
5. COMMUNICATION WITH EMPLOYEES
6. COLLECTIVE AGREEMENTS
6.1 Types of Collective Agreement
6.2 Legal Effect of Collective Agreements
6.3 Disputes about Collective Agreements
6.4 Termination of Collective Agreements
Downloadable Forms Click here to access these documents in the Forms section
Form 7 Negotiating with unions
CONCILIATION
Contents
1. WHAT IS CONCILIATION?
2. WHEN CAN A DISPUTE BE REFERRED TO CONCILIATION?
3. WHO LEADS THE CONCILIATION PROCESS?
4. TIME LIMIT
5. THE CONCILIATOR
6. WHO ATTENDS CONCILIATION?
7. LEGAL REPRESENTATION AT CONCILIATION
8. WHAT HAPPENS IF THE PARTIES DON’T SETTLE?
9. HOW TO PREPARE
10. EFFECT OF CONCILIATION
Downloadable Forms Click here to access these documents in the Forms section
Form 11.1 – Dispute resolution bodies and processes
Form 11.2 – Disputes and their processes
Form 11.3 – Guidelines: Preparation for Conciliation
PROTECTED STRIKES
Contents
1. INTRODUCTION
2. WHAT IS STRIKE ACTION ?
3. THE RIGHT TO STRIKE
4. SECONDARY (SYMPATHY) STRIKES
5. DEALING WITH AN UNLAWFUL STRIKE
6. DEALING WITH A LAWFUL STRIKE
6.1 Before the strike
6.2 During the strike
6.3 After the strike
7. PICKETING
8. PROTEST ACTION
Downloadable Forms Click here to access these documents in the Forms section
Form 8.1 – Checklist: Preparing for a strike
Form 8.2 – Checklist: During the strike
Form 8.3 – Checklist: After the strike
Form 8.4 – Draft Picketing Agreement
Form 8.5 – Flowchart: Procedure for Strike/Protest action
ARBITRATION AT THE CCMA
Contents
1. WHAT IS ARBITRATION?
2. WHEN CAN A MATTER BE REFERRED?
3. HOW IS A DISPUTE REFERRED?
4. TIME LIMIT
5. THE ARBITRATOR
6. LEGAL REPRESENTATION AT ARBITRATION
7. WHAT HAPPENS AT ARBITRATION?
8. AWARDS IN UNFAIR DISMISSAL DISPUTES
Downloadable Forms Click here to access these documents in the Forms section
Form 12.1 – Outline: Arbitration process
From 12.2 – Arbitration/Adjudication awards
RETRENCHMENT <50 EMPLOYEES
Contents
1. MEANING OF RETRENCHMENT
2. WHEN CAN EMPLOYEES BE RETRENCHED
3. THE DUTY TO CONSULT
3.1 Who to consult with
3.2 What to consult about
3.3 Disclosure of information
3.4 What does “consult” mean
4. SELECTION CRITERIA
5. AVOIDING/MINIMISING RETRENCHMENT
6. TIMING OF RETRENCHMENT
7. MITIGATING THE ADVERSE EFFECTS OF RETRENCHMENT
8. SEVERANCE PAY
8.1 The amount
8.2 Where there is no obligation to pay
Downloadable Forms Click here to access these documents in the Forms section
Code of Good Practice. Dismissal for operational requirements.1999.07
Form 4.1 Retrenchment checklist
Form 4.2 Invitation to consult
Form 4.3 Letter to employees
Form 4.3 Retrenchment Agreement
Form 4.4 Final decision confirmation
Form 4.5 Final consultation (individual employee)
Form 4.6 Notice of termination
Form 4.7 Reference letter
RETRENCHMENT >50 EMPLOYEES
Contents
1. RETRENCHMENT: EMPLOYERS WITH MORE THAN 50 EMPLOYEES
1.1. Introduction
1.2. Facilitator
1.3. 60 days allowed for consultation/facilitation
1.4. Consultation
1.5. After the 60 days
UNPROTECTED STRIKES
Contents
1. COLLECTIVE MISCONDUCT
2. WHEN CAN DISCIPLINARY ACTION BE TAKEN?
3. HOW TO TAKE DISCIPLINARY ACTION
4. DISCIPLINARY ACTION IF EMPLOYEES RETURN FROM WORK
Downloadable Forms Click here to access these documents in the Forms section
Form 9.1 – Notice in anticipation of possible Unlawful Strike
Form 9.2 – Notice after commencement of Unlawful Strike
Form 9.3 – Further notice during Unlawful Strike
Form 9.4 – Unlawful Strike: Ultimatum
Form 9.5 – Unlawful Strike: Notice of Dismissal
Form 9.6 – Unlawful Strike: Notice of Disciplinary Action
RETRENCHMENTS BECOME TRICKY
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.
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.
DEALING WITH ‘INVISIBLE’ ILLNESSES
Managing a situation involving an ‘invisible’ illness, e.g. depression, can be challenging, as the employer in Marsland v New Way Motor & Diesel discovered.
DON’T CHEW YOUR DISCIPLINARY CHARGES
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.
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?
PROTECTING WITNESSES IN DISCIPLINARY HEARINGS
What does one do with whistleblowers who refuse to testify in a disciplinary hearing because they fear intimidation?
RED LIGHTS FLASHING FOR LABOUR BROKING
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?
FAILURE TO PROMOTE: A POTENTIALLY UNFAIR LABOUR PRACTICE
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.
CONTRACTING VIA SMS
It is often assumed that a contract of employment has to be in writing to be valid. What about offers of employment via SMS?
THE MANY FACES OF RESIGNATION
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.
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 …
USE OR ABUSE? ALLOWING EMPLOYEES TO USE COMPANY ASSETS.
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?
WHEN XENOPHOBIA REACHES INTO THE WORKPLACE
Can disciplinary action be taken against staff that threaten or assault fellow employees outside the workplace?
EMPLOYERS’ LIABILITY FOR THEIR EMPLOYEES’ WRONGFUL ACTS
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.
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?
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.
POWER OUTAGES – MUST EMPLOYEES BE PAID?
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.
Schedule A: Additional Conditions or Benefits
Contract in English
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.
THE EMPLOYEE’S DUTY TO BE A WHISTLEBLOWER
Can an employer discipline an employee for failing or refusing to disclose information about the illegal activities of a colleague?
FALSE ACCUSATIONS OF RACISM
A black employee falsely accuses a white employee of racism and gets fairly dismissed.
AGREEMENT TO TERMINATE EMPLOYMENT DUE TO PREGNANCY
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?
NEW CONTRACTS NECESSARY IN HOSPITALITY/CATERING INDUSTRY
There is limited time available for employers in the hospitality trade to ensure that they get their contracts of employment in order.
FIXED-TERM CONTRACTS: DO FREQUENT RENEWALS RESULT IN PERMANENT STATUS?
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.
DISMISSAL FOR ABSENTEEISM DUE TO HIV/AIDS
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.
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.
WHEN RELIGION AND REQUIREMENTS FOR GROOMING CLASH IN THE WORKPLACE
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.
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.
THE STATUS OF PUBLIC HOLIDAYS FALLING ON SUNDAYS
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?
DEMOTION OF EMPLOYEES WITH DISABILITIES
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?
REMARKS ABOUT BOERS AND INDIANS CAUSE FRACAS IN THE WORKPLACE
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.
DISMISSING AN IMPRISONED EMPLOYEE
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?
PROCEDURAL FAIRNESS IN DISCIPLINARY HEARINGS
Does a disciplinary hearing have to be conducted like a criminal trial? The Labour Court has indicated a different approach.
PUBLIC HOLIDAYS FALLING ON SUNDAYS
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?
RETRENCHMENTS: THE EMPLOYER’S OBLIGATION TO OFFER ALTERNATIVES
How far must an employer go in offering alternative positions to employees during a retrenchment process?
POWER OUTAGES – MUST EMPLOYEES BE PAID?
Are you in the dark about paying your employees during the power failures? Read here how to deal with the issue.
DISMISSAL FOR REFUSING TO SIGN A CONTRACT
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?
EPILEPSY, INCAPACITY AND SAFETY HAZARDS: THE EMPLOYER’S DILEMMA
An employer faces a dilemma where an employee suffers from a medical condition that could be a health or safety hazard.
DAGGA: WHOSE PROBLEM IS IT REALLY?
An employee arrives at work under the influence of dagga. Find out what to do if his or her problem becomes your problem.
DOUBLE JEOPARDY IN DISCIPLINARY HEARINGS
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?
SUSPENSION AS A DISCIPLINARY PENALTY
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?
POLYGRAPH CONTROVERSY CONTINUES
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
BUSINESSES PAY FOR THE SINS OF THEIR EMPLOYEES
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…
STRESS- RELATED ABSENTEEISM NOT ALWAYS VALID REASON FOR DISMISSAL
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.
E-MAIL ABUSE AT WORK: WHEN A JOKE IS NO LONGER A JOKE
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.
USING STATEMENTS FROM COMPLAINING CUSTOMERS IN DISCIPLINARY HEARINGS
A customer lodged a serious complaint against one of my employees. How do I deal with this evidence in a disciplinary hearing?
LEGAL REPRESENTATION IN DISCIPLINARY HEARINGS
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.
THE CHALLENGES OF DEALING WITH AN INCOMPETENT EMPLOYEE
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.
OUTSOURCING: THE PRO’S AND CON’S
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.
RETRENCHING FOR THE WRONG REASONS
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?
VENUS FLYTRAP: PREGNANCY AND MATERNITY IN THE WORKPLACE
Traditional views about pregnancy and maternity are often associated with prejudice. The law protects women against unfair discrimination arising from such prejudice.
PROBATION DISGUISED AS A FIXED-TERM CONTRACT
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!
WHEN ELDERLY EMPLOYEES STEP DOWN: RETIREMENT OR DISMISSAL?
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?
STOCK LOSS AND COLLECTIVE RESPONSIBILITY
What must I do if a number of employees are collectively responsible for stock losses? There is a way to resolve this tricky scenario.
RESIGNATION IN THE FACE OF DISCIPLINE
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?
PREVENTING EXCESSIVE ABSENTEEISM
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.
CONSISTENCY IN DISMISSAL FOR THEFT
The imprtance of being consistent in applying discipline cannot be over-emphasised.
MEDICAL CERTIFICATES: DISPELLING THE MYTHS
If your employee comes back from sick leave with a sick note, it does not necessarily mean you have to accept it.
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.
PROTECTION OF SENIOR EMPLOYEES
Labour laws are there to protect all workers. Senior managerial employees and high earners do not, however, enjoy the same degree of protection as other employees. In this article we briefly investigate the extent of protection for these senior managerial employees.
PROMOTION OF ACCESS TO INFORMATION: MORE INFORMATION PLEASE!
Business owners who have not been informed about the Promotion of Access to Information Actof 2000 ( hereafter referred to as “the Act”), have reason to be worried.
AMENDMENTS TO LABOUR LEGISLATION DURING 2002: CAN EMPLOYERS STILL BE PRO-ACTIVE?
An overview of some of the changes in labour legislation in 2002. Some practical guidelines on implementation.
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.
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?
NEW “CON-ARB” PROCEDURE CAN CATCH EMPLOYERS UNAWARES
The so-called “con-arb” procedure was recently introduced as one of the amendments to the Labour Relations Act. It is an attempt to speed up the resolution of disputes at the CCMA and Bargaining Councils. Whilst it might be a good initiative, employers would have to be more diligent. If not it could lead to embarrassment and unfortunate consequences.
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.
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.
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?
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?