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Article Archive

THINK TWICE BEFORE RETRENCHING!

THINK TWICE BEFORE RETRENCHING!

Retrenchment may be the first thought that comes to mind for employers who are hard hit by Covid-19. However, in most cases rushing into the retrenchment process is not a good idea.

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EMPLOYMENT CHALLENGES AFTER LOCKDOWN

EMPLOYMENT CHALLENGES AFTER LOCKDOWN

Aside from the adverse economic, health and social impact of the Corona crisis on people generally, employers are also confronted by complex legal issues and facing several employment challenges after lockdown.

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WHO PAYS SALARIES DURING 21-DAY LOCK-DOWN?

WHO PAYS SALARIES DURING 21-DAY LOCK-DOWN?

In a drastic measure to curb the spread of COVID-19, the SA Government has declared a lock-down as from midnight on Thursday 26 March 2020 until midnight on Thursday 16 April 2020. This will be enacted in terms of the Disaster Management Act. During this period all employees, with the exception of a few categories, will have to stay at home. Who pays their salaries? What happens after the 21-day lock-down?

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COVID-19 & UIF – SHORT TIME & TEMPORARY LAY-OFF

COVID-19 & UIF – SHORT TIME & TEMPORARY LAY-OFF

Some businesses are under severe strain as a consequence of the severe measures implemented due to the COVID-19 having been declared a national disaster. They are resorting to emergency measures such as short time & temporary lay-off. A fairly recent amendment to the Unemployment Insurance Act of 2001 is likely to bring much needed relief to affected employees.

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CORONAVIRUS IMPACT IN THE WORKPLACE

CORONAVIRUS IMPACT IN THE WORKPLACE

Now that the World Health Organisation has declared the Coronavirus (COVID-19) outbreak a pandemic and the President has declared it a national disaster, employers are under increased pressure to take action: What precautionary measures should be taken, what forms of leave apply, how must employees be accommodated, quarantine, how does one deal with a slowdown in business, etc?

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FLEXIBLE EMPLOYMENT CONTRACTS

FLEXIBLE EMPLOYMENT CONTRACTS

The basis of every employment relationship is a contract of employment. As the parties are bound by the contract, careful thought should be given to the specific terms and conditions. But how much information should be included and how flexible can it be?

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DISMISSAL DUE TO BREAKDOWN OF TRUST

DISMISSAL DUE TO BREAKDOWN OF TRUST

It is the breakdown of the relationship of trust that normally justifies termination of employment in cases of employee misconduct. How serious must that breakdown be? Does the employer have to prove such breakdown of trust to justify dismissal?

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REDUNDANCY VS RETRENCHMENT

REDUNDANCY VS RETRENCHMENT

When employers restructure in order to improve efficiencies, it leads to redundancies. Redundancies can lead to retrenchment, but not necessarily. This is where employers often get it wrong.

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HEARSAY EVIDENCE IN DISCIPLINARY AND ARBITRATION HEARINGS

HEARSAY EVIDENCE IN DISCIPLINARY AND ARBITRATION HEARINGS

Occasionally a customer or other external party is witness to employee misconduct. It may be necessary for such person to give evidence in disciplinary proceedings. If the employee challenges the outcome of the hearing, such evidence may also be needed in arbitration proceedings. But what if the person does not want to get involved? Is hearsay evidence allowed?

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THE DECISION TO RETRENCH

THE DECISION TO RETRENCH

When it comes to retrenchment, employers tend to make the mistake of announcing their decision to retrench before consulting with the affected employees or their union. Confronting employees with a fait accompli can be fatal to the process. But does this mean that an employer may not form any opinion before consulting?

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THE RIGHT TO A PRE-SUSPENSION HEARING

THE RIGHT TO A PRE-SUSPENSION HEARING

In a disciplinary hearing an employee has the right to be heard before being judged. But does an employee have the right to be heard before being suspended pending the outcome of the hearing? Against the background of conflicting case law, the Constitutional Court has finally brought about some clarity on pre-suspension hearings.

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DAGGA IN THE WORKPLACE

DAGGA IN THE WORKPLACE

People may no longer be prosecuted for cultivating, possessing and using small amounts of dagga for private purposes. But what are the consequences for the workplace?

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Disciplinary action after resignation with immediate effect

Disciplinary action after resignation with immediate effect

Can employees escape the consequences of their actions by resigning with immediate effect? There has been uncertainty about an employer’s right to proceed with disciplinary action after an employee’s resignation ‘with immediate effect’ but a judgement of the Labour Court in Cape Town has brought about much needed clarity.

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Ignoring CCMA Awards

Ignoring CCMA Awards

When the CCMA makes an award for the reinstatement of an employee who has been unfairly dismissed or suspended, it seldom goes down well. But what happens if the employer ignores the award?

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CONSISTENCY IN DISCIPLINARY CASES

CONSISTENCY IN DISCIPLINARY CASES

Employers must exercise their disciplinary powers in a consistent manner. The primary reason for requiring employers to act consistently when instituting disciplinary action or meting out disciplinary sanctions, is to ensure that they do not act arbitrarily. In other words, like cases must be treated alike.

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ANTICIPATED CHANGES TO LABOUR LEGISLATION 2018

ANTICIPATED CHANGES TO LABOUR LEGISLATION 2018

South Africans were expecting that a national minimum wage (NMW) would be implemented on 1 May 2018. This did not happen, but the NMW is still likely to be implemented during the course of this year. We can also expect some other changes to labour legislation. How will this affect employers and employees?

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DROUGHT AND THE EMPLOYMENT RELATIONSHIP

The potential impact of the drought on the employment relationship should not be underestimated. It may affect the employee’s right to remuneration if it becomes impossible for employees to work, but it may also lead to problems with employee attendance if employees have to queue for water.

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NO WATER, NO WORK – MUST EMPLOYEES BE PAID?

Some businesses need water in order to function. The prevailing drought in the Western Cape has led to unpredictable interruptions due to the implementation of water rationing measures. Interruptions to water supply can also be due to a variety of other reasons. Contingency plans may be inadequate, which may result in employees not being able to work

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