Precautionary suspension of an employee – what are the requirements?
Summary: Employers are often challenged on the fairness of the precautionary suspension of an Employee. The inherent fairness criteria have been impacted by the decision of the Constitutional Court in Long vs South African Breweries (Pty) Ltd and others (2018) ZACC 7. Article: The purpose of a precautionary suspension of an Employee is mainly to […]
The employer’s responsibility in workplace harassment
This article will briefly discuss the common law option available to employees who are exposed to a form of discrimination in the workplace, specifically sexual harassment and the employer’s failure to adequately address the issue. The focus of the discussion will be on a recent High Court case, Phil-Ann Erasmus v Dr Beyers Naude Local […]
Unbearable working environments
Constructive dismissal is defined as a situation in the workplace, created by the employer, that renders the continuation of the employment relationship intolerable to the extent that the employee has no other option but to resign. In CEPPAWU & another v Glass & Aluminium, the Court explained it best, stating that constructive dismissal involves a resignation due […]
Fixed-term contracts: what employees need to know
An employee has been employed on a fixed-term employment contract for a number of years. Each consecutive year, the fixed contract is renewed at the election of the employer. After the fixed contract expired, the employer decides not to renew the employee’s contract. Is the employee entitled to a renewal of the fixed-term employment contract […]