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?
CRIMINAL RECORD AND EMPLOYMENT
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Jan Truter
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 employers?
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.
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?
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 reminded that it should be treated the same as any other public holiday.
ZERO-TOLERANCE APPROACH SHOT DOWN
The Labour Appeal Court recently overturned the decision of the Labour Court in a cannabis-related case, with very costly consequences for the employer.
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 as lower-earning employees. How does this work, and are there other implications?
MINIMUM WAGE INCREASE IN MARCH 2024
The National Minimum Wage (NMW), as well as minimum wages in some specified sectors, will increase with effect from 1 March 2024.
DISCIPLINARY AND CRIMINAL PROCEEDINGS
A case of serious misconduct may also amount to a criminal offence. Does the employer have to wait until the disciplinary proceedings have run their course before laying a criminal charge? And if the employer decides to lay a criminal charge, should the disciplinary proceedings be halted pending the finalisation of the criminal case?
ZIMBABWEAN, LESOTHO AND OTHER FOREIGN NATIONALS
A few weeks ago it was announced that Zimbabwe Exemption Permit (ZEP) holders and Lesotho Exemption Permit (LEP) holders have been granted a further extension until 29 November 2024. However, some aspects are not entirely clear.
EQUAL LEAVE FOR ALL PARENTS?
In a groundbreaking judgement handed down on 25 October 2023, the Gauteng High Court found that the existing parental leave provisions are unconstitutional as they unfairly discriminate between different categories of parents. So, what should employers do?
IS AN OVERTIME CLAUSE ENFORCEABLE?
Most contracts of employment contain an overtime clause which states that the employee agrees to work overtime “as and when needed”. But is the overtime clause enforceable?
PAY FOR SUNDAY (24 SEPTEMBER) AND MONDAY (25 SEPTEMBER)
This year 24 September (Heritage Day) falls on a Sunday. This means that Monday, 25 September, is also a public holiday. The question has again arisen what employees should be paid.
TAXI STRIKE – NO TRANSPORT, NO PAY?
The taxi strike has given rise to several questions surrounding an employer’s responsibility towards its employees. Do employers have an obligation to provide transport or to pay employees? What about the employer’s obligations in terms of occupational health and safety legislation?
JUST HOW RELIABLE ARE BREATH-ALCOHOL (‘BREATHALYSER’) TESTS?
Being under the influence of alcohol at work cannot be tolerated in any workplace. Some employers set the bar higher by adopting a ‘zero-tolerance’ approach with regard to the mere presence of alcohol in an employee’s system. Breath-alcohol (‘breathalyser’) tests are commonly used as a measuring tool in both instances. But just how reliable are these tests?
EXTENSION FOR ZIMBABWEAN WORKERS IN SOUTH AFRICA
The Minister of Home Affairs has granted Zimbabwe Exemption Permit (ZEP) holders a further extension, i.e. until 31 December 2023, for their alternative visa or waiver applications to be processed (the previous deadline was 30 June 2023).
VISA REPRIEVE FOR FOREIGN NATIONALS IN SOUTH AFRICA
On Wednesday, 29 March 2022, the Director General of Home Affairs made an announcement that would be good news to many foreign nationals. Certain applicants whose visa or waiver application outcomes are still pending have been given a temporary extension until 31 December 2023 to make the necessary arrangements to validate their right to live and work in South Africa.
RETRENCHMENT AND THE PREGNANT EMPLOYEE
When an employee goes on maternity leave, others almost inevitably have to fill in for her. During her absence the question may arise whether she is really needed and whether her position has become redundant. May the employer retrench her in these circumstances? Our courts have repeatedly come to the assistance of pregnant employees who have been discriminated against. But how far does that protection go? Read more…
MINIMUM WAGE INCREASE FROM 1 MARCH 2023
The national minimum wage (NMW), as well as minimum wages in some other sectors, will increase with effect from 1 March 2023.