The Parity Principle: Unfair dismissals
“I’ve been dismissed but my colleague who has done the same only got a warning. Is that fair?” Summary: An ever-increasing trend for employees in labour disputes – particularly those of unfair dismissals – is the application of the parity principle. Essentially, the principle dictates that two or more employees guilty of similar misconduct should […]
Can employees be dismissed for WhatsApp messages?
How widely and consistently do you use WhatsApp in your workplace? Do you have WhatsApp groups designated for work purposes? Can you freely express your opinion on certain topics while in those WhatsApp groups? Given the social media era that has dawned within the workplace, a crucial question that needs to be addressed is whether […]
Can my employer refuse to accept my medical certificate?
The matter of a medical certificate has raised questions for quite some time. Many employers believe that if their employees provide a medical certificate for their absence from work they are obliged to pay them for the day(s) missed. Similarly, employees believe that should they stay away from work and provide a medical certificate, all […]
The art of breathing: I failed the breathalyser test in my workplace. What now?
For years, breathalyser tests were a primary method to determine whether employees tested positive for alcohol. These results have been used by employers to sanction employees if the tests were positive. But what happens when an employee claims that a positive result on a breathalyser test is incorrect and still gets dismissed? The recent judgment […]
Can my employer refuse to accept my medical certificate?
The matter of a medical certificate has raised questions for quite some time. Many employers believe that if their employees provide a medical certificate for their absence from work they are obliged to pay them for the day(s) missed. Similarly, employees believe that should they stay away from work and provide a medical certificate, all […]
Employers of domestic workers must register with COIDA
Domestic workers are now covered under the amended Compensation for Occupational Injuries and Diseases Act 1993 (COIDA) (Act 130 of 1993) and can claim compensation for injuries or diseases sustained while on duty from the Compensation Fund. The deadline to register Domestic Workers is 30 June 2023. “Domestic Workers are the unsung heroines in this […]