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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?
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?
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?
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.
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?
Hi there
I subscribe to LabourWise which subsciption commenced quite recently
We are in the family entertainment business and recently employed a lady who worked in the HR department of her previous job.We were discussing fixed term agreements and she advised me that no longer can one fix a term at the end of that term advise the employee that there services are no longer required ie. the motivation for us for the fixed agreement was to see whether that person would make the grade. She advised me that the fixed term agreement can only apply for example if you are building a house and the house is now complete ie. the contract was for a specific purpose. In our businesses we employ a number of people and it is of the utmost importance that we have an opportunity
to make the right decision. She advises me that the CCMA have now come down heavily in favour of her interpretation.
I look forward to hearing from you.
Regards
Stan Caminsky
Reply to Stan: It is correct that one cannot use a fixed term contract as a substitute for probation. A fixed term contract has to be for a justifiable reason. The forthcoming changes to labour legislation will be emphasizing on this fact. It will also be requirement that the contract spells out the reason for the fixed term contract.