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.

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 …

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.

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.

Managing a situation involving an ‘invisible’ illness, e.g. depression, can be challenging, as the employer in Marsland v New Way Motor & Diesel discovered.

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.

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?

What does one do with whistleblowers who refuse to testify in a disciplinary hearing because they fear intimidation?

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?

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.

It is often assumed that a contract of employment has to be in writing to be valid. What about offers of employment via SMS?

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.

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 …

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?

Can disciplinary action be taken against staff that threaten or assault fellow employees outside the workplace?

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.

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?

The key difference between misconduct and incapacity lies in the fact that the former involves intentionally or negligently breaking the work place rules.

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.

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.

Can an employer discipline an employee for failing or refusing to disclose information about the illegal activities of a colleague?

A black employee falsely accuses a white employee of racism and gets fairly dismissed.

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?

There is limited time available for employers in the hospitality trade to ensure that they get their contracts of employment in order.

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.

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.

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.

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 does an employer introduce changes that are not to the employees’ advantage without damaging the employment relationship or facing legal challenges.

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?

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?

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.

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?

Does a disciplinary hearing have to be conducted like a criminal trial? The Labour Court has indicated a different approach.

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?

How far must an employer go in offering alternative positions to employees during a retrenchment process?

Are you in the dark about paying your employees during the power failures? Read here how to deal with the issue.

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?

An employer faces a dilemma where an employee suffers from a medical condition that could be a health or safety hazard.

An employee arrives at work under the influence of dagga. Find out what to do if his or her problem becomes your problem.

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?

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?

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

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 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.

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.

A customer lodged a serious complaint against one of my employees. How do I deal with this evidence in a disciplinary hearing?

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.

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 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.

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?

Traditional views about pregnancy and maternity are often associated with prejudice. The law protects women against unfair discrimination arising from such prejudice.

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!

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?

What must I do if a number of employees are collectively responsible for stock losses? There is a way to resolve this tricky scenario.

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?

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.

The imprtance of being consistent in applying discipline cannot be over-emphasised.

If your employee comes back from sick leave with a sick note, it does not necessarily mean you have to accept it.

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.

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.

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.

An overview of some of the changes in labour legislation in 2002. Some practical guidelines on implementation.

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.

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?

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.

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.

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.

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?

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?