Question: If an employee falls ill during annual leave, must the employee get paid sick leave? Or must the employee’s annual leave entitlement be extended?
Jan Truter
ELECTRONIC COMMUNICATIONS AND EMPLOYEE PRIVACY
When employees send e-mails, they don’t always anticipate where an e-mail might eventually end up. What about their right to privacy?
WHAT IS A “CASUAL”?
Question: Does the concept of a “casual” still exist?
DEALING WITH DESERTION
When an employee is absent for several days without communicating with the employer, the incorrect assumption is often made that the employee has deserted and has therefore dismissed himself.
DON’T CHEW YOUR DISCIPLINARY CHARGES
Disciplinary charges can inevitably cause tension between employer and employee. The employee nevertheless has a duty to show respect for as long as the employment relationship continues.
DISHONEST JOB APPLICANTS
Not everyone applying for a new job has left the previous employer on good terms. How many details of the applicant’s employment history should be disclosed to the prospective employer?
CONTRACTING VIA SMS
It is often assumed that a contract of employment has to be in writing to be valid. What about offers of employment via SMS?
FIXED-TERM CONTRACTS: WHAT HAPPENS IF THE EMPLOYEE WORKS BEYOND THE EXPIRY DATE?
It often happens that an employee who has been appointed on a fixed-term contract is allowed to continue working beyond the expiry date. What is the employee's status after that date? Is the employee regarded as being temporary? A fixed-term contract is one that...
WHEN XENOPHOBIA REACHES INTO THE WORKPLACE
Can disciplinary action be taken against staff that threaten or assault fellow employees outside the workplace?
COLLECTIVE COVER-UP LEAVES NO PLACE TO HIDE
Where individuals within a group of employees have committed misconduct, members of the group may refuse to give information to assist in identifying the culprits. What action can be taken?
POWER OUTAGES – MUST EMPLOYEES BE PAID?
Now that the country is facing a national crisis, we revisit the question about the entitlement of employees to full pay if their working hours have been reduced as a result of power outages.
Schedule A: Additional Conditions or Benefits
Contract in English
WAIVING RIGHTS TO MATERNITY LEAVE
An employee’s right to maternity leave could pose operational problems for an employer, particularly for a small business. But how far can the employer go to protect its business interests.
AGREEMENT TO TERMINATE EMPLOYMENT DUE TO PREGNANCY
Our Constitution protects pregnant employees against unfair discrimination. But can an employer and employee enter into an agreement that employment will be terminated if the employee fall pregnant?
NEW CONTRACTS NECESSARY IN HOSPITALITY/CATERING INDUSTRY
There is limited time available for employers in the hospitality trade to ensure that they get their contracts of employment in order.
DISMISSAL FOR ABSENTEEISM DUE TO HIV/AIDS
Dismissing an employee for absenteeism can be problematic when it appears that the actual reason for the absence was a chronic medical condition like HIV.
WHEN RELIGION AND REQUIREMENTS FOR GROOMING CLASH IN THE WORKPLACE
Religious freedom is a basic constitutional right. However, when an employee insists on exercising that right in the workplace it might become a sensitive and controversial matter.
REMARKS ABOUT BOERS AND INDIANS CAUSE FRACAS IN THE WORKPLACE
The remark “…’n Boer maak ‘n plan, but an Indian is born with a plan”, might evoke a chuckle, annoyance or even anger, but seldom indifference. It can also cost you your job.
PROCEDURAL FAIRNESS IN DISCIPLINARY HEARINGS
Does a disciplinary hearing have to be conducted like a criminal trial? The Labour Court has indicated a different approach.
PUBLIC HOLIDAYS FALLING ON SUNDAYS
Is it substituted by the public holiday on the Monday and therefore ceases to be a public holiday? Or is the Monday also a public holiday in addition to the Sunday?
