LabourWise
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We offer advice on labour & employment related matters.
Labour Articles
RETRENCHMENT: WHAT SELECTION CRITERIA NOT TO USE
May an employer use behavioural characteristics (e.g. initiative, enthusiasm and determination) as criteria to select employees for retrenchment?
CRIMINAL RECORD AND EMPLOYMENT
May employers exclude candidates for employment based on the fact that they have a criminal record, or may an employee be dismissed if the employer discovers that an employee has a criminal record?
STRIKING A DEAL TO AVOID THE RETRENCHMENT PROCESS?
If an employer contemplates dismissing employees based on operational requirements (retrenchment), the Labour Relations Act (LRA) requires the employer to follow certain procedures. However, may an employer approach employees informally and strike a deal by signing a mutual separation agreement, thereby avoiding the legal technicalities of the LRA?
DISMISSING EMPLOYEES FOR SUBMITTING IRREGULAR SICK NOTES
The challenge of dealing with irregular or ‘fake’ sick notes continues. Taking disciplinary action against employees may backfire, as happened in the case of Woolworths vs Maseko and others (2024) LAC.
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Labourwise is an online advisory service for employers in South Africa. Although many of our articles and other useful information are for free, we offer a professional subscription service for the business owner, HR specialist and manager at a minimal monthly cost. We offer advice on labour and employment related matters: labour laws, employment contracts and forms, misconduct, disciplinary hearings, unfair dismissal, retrenchment, labour relations, trade unions, disputes, CCMA conciliation and arbitration, case law, strikes and industrial action. Full membership includes online, telephonic & email advice.
Labour News
COSATU PROTEST ACTION ON MONDAY 7 OCTOBER 2024
COSATU gave notice to NEDLAC of their intention to embark on nation-wide protest action on Monday, 7 October 2024. What does this mean for...
ADDITIONAL PUBLIC HOLIDAY ON MONDAY 17 JUNE 2024
This year 16 June (Youth Day) falls on a Sunday. Therefore Monday, 17 June, is also a public holiday. So, what must employees be paid? The Court has...
ELECTION DAY LIKE ANY OTHER PUBLIC HOLIDAY
The upcoming Election Day on Wednesday, 29 May 2024, has been declared a public holiday throughout the Republic of South Africa. Employers are...
NEW EARNINGS THRESHOLD AS FROM 1 APRIL 2024
Employees who earn in excess of a certain amount per year (the “earnings threshold”), do not enjoy the same protection under our labour legislation...
Labour Guidelines
Practical easy to follow guidelines, to ensure you comply with SA Labour Laws.
Basic Conditions of Employment Act
Working hours, leave, employment contracts, termination, etc.
Basic conditions - Specific sectors
Wholesale and retail, hospitality, domestic workers, farm workers, etc.
Dismissals
Avoid unfair dismissal claims by following these guidelines.
Disputes
Grievances, internal dispute resolution, conciliation and arbitration at the CCMA.
Employment Equity
Discrimination and affirmative action.
Unions and strikes
Organisational rights, recognition agreements, strikes and lock-outs.