Article Archive

Just as we think that the law pertaining to fixed term contracts has settled, something changes. While the latest development regarding the expectation of renewal of a fixed term contract may be welcomed by employers, there is no reason to celebrate.

Should an employer try to accommodate an employee’s request for leave of absence to be trained as a traditional healer, where the period of absence may be as long as one month or longer? Or to grant leave in excess of the family responsibility leave available to an employee so that she can fulfil her obligation to arrange for a family member’s funeral?

Social networks, such as Facebook, serve as a useful vehicle for sharing one’s personal views. It can also have unexpected and unfortunate ramifications. One example is when an employee makes use of a social network to air his views about his or her employer.

The recently proposed amendments to the Employment Equity Act (‘EEA’) created much discussion and concern. The concern arose from both the substance of some of the proposals and the poor manner in which they were drafted. For now it would appear that the proposed changes (as well as proposed changes to the LRA and the BCEA) will not be passed in law in their current form. We are likely to see, at some point in the not too distant future, better considered and drafted proposals for change.

There is a fair chance that a job seeker has left the employment of the former employer on bad terms. Whatever the circumstances, the applicant is faced with the difficulty that volunteering such information could harm the prospects of getting a new job. The job seeker may get away by being scant on detail in the CV. Being evasive during the job interview is likely to be more problematic. But how far does the duty to disclose go?

Employers engage temporary employment services (‘TES’ or ‘labour brokers’) for various reasons, one being the relative ease with which under-performing or misbehaving placements can be replaced. Unless there is a contractual provision between the client and the TES,...

While the proposed amendments to labour legislation have attracted significant media attention, many refinements can still be introduced before the amendments reach the statute book. Even so, employers should be mindful that they will be facing far-reaching changes to...

Complying with the Employment Equity Act (EEA) is not merely a mechanical process. There are indeed some procedural requirements, but in assessing compliance consideration must be given to whether ‘sufficient progress’ has been made with the …

When an employee is imprisoned for having committed a crime, there could be more than one reason why the employer might want to terminate employment. The employer might feel that the nature of the crime is such that the employee has become unsuitable as an employee,...

When employees send e-mails, they don’t always anticipate where an e-mail might eventually end up. What about their right to privacy?

In Shoprite Checkers (Pty) Ltd v CCMA & Others the LAC held essentially that theft should be treated like all other forms of misconduct and that mitigating factors must also be taken into account.

One of the most significant amendments to the Labour Relations Act that became effective on 1 August 2002, relates to the transfer of business as a going concern. In many respects the law is clarified. But here are some sticky questions.

Retrenching employees has been regarded as a relatively straight-forward process. However, recent judgements have shown that the requirement of fairness stretches beyond the text of legislation.

Managing a situation involving an ‘invisible’ illness, e.g. depression, can be challenging, as the employer in Marsland v New Way Motor & Diesel discovered.

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.

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?

What does one do with whistleblowers who refuse to testify in a disciplinary hearing because they fear intimidation?

The sensitive issue of the use of labour broking services has once again been raised after a recent finding of the High Court of Namibia. What are the implications for employers in South Africa?

While it is generally recognised that the decision not to promote is the employer’s prerogative, employers often don’t realise that the failure to promote may amount to an unfair labour practice.

It is often assumed that a contract of employment has to be in writing to be valid. What about offers of employment via SMS?

Can an employer deduct monies from an employee’s salary if the employee fails to give proper notice of resignation? Does verbal resignation suffice or should it be in writing? More questions answered.

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...

The unauthorised personal use of company assets by employees is a growing and ongoing problem, and the greatest area of concern is usually the abuse of company telephones. How can this be contained?

Can disciplinary action be taken against staff that threaten or assault fellow employees outside the workplace?

In terms of our common law, there is a price that the employer has to pay for being able to issue instructions and exercise control over its employees while the latter are going about their duties.

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?

The key difference between misconduct and incapacity lies in the fact that the former involves intentionally or negligently breaking the work place rules.

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.

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.