Article Archive

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.

Can an employer discipline an employee for failing or refusing to disclose information about the illegal activities of a colleague?

A black employee falsely accuses a white employee of racism and gets fairly dismissed.

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?

There is limited time available for employers in the hospitality trade to ensure that they get their contracts of employment in order.

Many employers believe that someone who has been appointed on a fixed-term (or temporary) contract has to be appointed permanently after a certain number of renewals. This is not neccessarily so.

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.

Retrenching employees is no simple matter. A recent Labour Court case has indicated that in the case of large-scale retrenchments, there is even a greater burden on employers than previously thought.

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.

How does an employer introduce changes that are not to the employees’ advantage without damaging the employment relationship or facing legal challenges.

If a public holiday falls on a Sunday, the next Monday is a public holiday in terms of the Public Holidays Act. What are the consequences for businesses whose employees routinely work on Sundays?

Employers are encouraged by the LRA to accommodate employees with medical problems that affect their ability to perform at work.Can an employer demote an employee with a disability?

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.

An imprisoned employee is unable to fulfil his or her contractual obligations in terms of the employment contract. But is this a sound basis for dismissing the employee?

Does a disciplinary hearing have to be conducted like a criminal trial? The Labour Court has indicated a different approach.

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?

How far must an employer go in offering alternative positions to employees during a retrenchment process?

Are you in the dark about paying your employees during the power failures? Read here how to deal with the issue.

Employers are often at a loss when an employee refuses to sign a contract of employment. Can the employee be disciplined or dismissed? What other measures are available to the employer?

An employer faces a dilemma where an employee suffers from a medical condition that could be a health or safety hazard.

An employee arrives at work under the influence of dagga. Find out what to do if his or her problem becomes your problem.

It happens from time to time that the employer is unhappy with the outcome of a disciplinary hearing chaired by a line manager or independent outside party. Can the employer nullify the proceedings?

It happens from time to time that the employer is unhappy with the outcome of a disciplinary hearing chaired by a line manager or independent outside party. Can the employer nullify the proceedings?

In a recent case the arbitrator affirmed that the outcome of polygraph tests may be taken into account when other grounds for believing that the employee has been dishonest is present

There is nothing new about the fact that employers can be sued for damages suffered by others due to the fault of their employees. It is referred to as the rule of vicarious liability…

Stress can render an employee incapable of doing the job. It can also cause regular absenteeism. Where the stress is work-related, however, extra care needs to be taken before considering dismissal.

Just about every person who has access to e-mail has received a joke of a racist or sexual nature. The abuse of e-mail can pose a serious risk to the employer.

A customer lodged a serious complaint against one of my employees. How do I deal with this evidence in a disciplinary hearing?

Much has been said of late about a new decision of the Supreme Court of Appeals dealing with the question whether employees are entitled to legal representation in disciplinary hearings.

How do you tell an employee that he/she appears to be incompetent without negatively affecting attitude? This is one of the reasons why employers avoid taking action against poor performing employees.