Getting the facts straight in disciplinary hearing notices
When an employer institutes a disciplinary hearing against an employee, the employee is entitled to know and understand the nature of the charge(s) against him/her. As the employee has a right to answer or provide an explanation to the charge(s) against him/her (known as the audi alteram partem rule), employers need to make sure that […]
Resigning with immediate effect, or not?
Employees often consider to immediately terminate their employment relationship due to a new opportunity arising or to avoid responsibility when faced with disciplinary procedures. Employment relationships are governed by an employment agreement or legal statutes, and in most cases both. If an employer and employee do not expressly agree on the notice period needed for either of them to terminate their relationship, section 37 of the Basic Conditions of Employment Act, 75 of 1997 (the Act) provides for […]
Must employees disclose their vaccination status?
While employers cannot force their employees to be vaccinated, there are various grounds for dismissing employees who object, provided that the employer has conducted a thorough risk assessment to determine the need for vaccination. They also need to provide every possible reasonable solution to accommodate them. One of the grounds on which an employer can let go of an employee who refuses the jab is the refusal of […]
What are fair grounds for dismissal regarding off-duty misconduct?
With looting and violence severely impacting certain parts of South Africa in June 2021, many businesses are facing great challenges on various fronts. In light of the recent civil unrest, many employers have been faced with the question as to whether they are entitled to dismiss their off-duty employees for their participation in the looting and violence. In most […]
Employee error and the value of quick decisive action
Many employers often decide to leave disciplinary matters for a later date and/or overlook matters of concern to avoid conflict. However, when handled well, conflict can have a positive impact on an employee’s performance and behaviour after they have made an error. Did this ever happen to you as a teenager? You’re sitting in the backseat of the car after being picked up […]
Decriminalisation of cannabis and the workplace
The personal use of cannabis has been decriminalised in South Africa by the Constitutional Court in Minister of Justice and Constitutional Development and Others v Prince 2018 (10) BCLR 1220 (CC). The Constitutional Court held that it is permissible for adult persons to possess, use or cultivate cannabis in a private place for that person’s own personal consumption. However, […]
Drafting employment contracts for ad hoc activities
It often happens that employers give instructions to employees that do not form part of their usual routine. This article will briefly discuss whether employees are obliged to execute all instructions received from their employer or supervisor, even if it is not what the employee was employed to do. As a point of departure, normally, an employee’s job description will be contained in their […]
Do I still have to pay my employees’ salaries?
Many employers were left in the dark after the President of the Republic of South Africa declared a national state of disaster in terms of the Disaster Management Act, 2002, and implemented a national lockdown thereafter, as a means of reducing the spread of COVID-19. Employers who did not provide “essential services” were in an extraordinary position and due to the uncertain future, a lot of […]
Unfairly dismissed reinstated employee v permanent replacement employee
Reinstatement in terms of the s 193(2) of the Labour Relations Act 66 of 1995 (LRA) According to s193(2) of the LRA, if it is found that an employee was found to have been (substantively) unfairly dismissed, the Labour Court (LC) or the arbitrator, must make an order that the employee be reinstated, unless: The […]
What happens when my employer goes bankrupt?
In the light of the grave impact that the Coronavirus (COVID-19) has on the global economy and the brutal reality that businesses and companies might not survive this pandemic that the world is confronted with, it may be wise to know your rights if your employment becomes at risk. What happens when the company or […]