Articles

Imprisoned employee can be dismissed

Before the Labour Appeal Court decision of Samancor Tubatse Ferrochrome v MEIBC an employer could not dismiss an employee, who was imprisoned for non-work related reasons, on the basis of incapacity. ...

Sexual harassment by a non-employee

Section 3 of the Code of Good Practice on the Handling of Sexual Harassment Cases defines sexual harassment as the “unwanted conduct of a sexual nature”....

Don’t hide material facts about your past from your new boss

Often an employee, who has been charged with misconduct and was found guilty and subsequently dismissed, will wittingly or unwittingly fail to inform their new employer that their services were terminated due to misconduct. ...

Various options available over harassment

The Employment Equity Act, 1998, places a high responsibility on an employer when an employee is sexually harassed by another employee....

Sex workers should be treated with dignity

Sex workers occupy a precarious position in South African society regarding their legal rights.
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When will a medical certificate suffice?

Most employers' human resources policies make provision for employees to produce medical certificates when they have been absent from work due to ill health....

Withdrawing a matter from the Labour Court

In cases where an applicant has initiated application proceedings in the Labour Court and, after the respondent has entered a notice of intention to oppose as well as an answering affidavit to the founding affidavit, does not file a replying affidavit or have the matter set down for hearing, the respondent may apply to have the matter dismissed....

Does an employee have a legitimate expectation of a promotion?

The question relating to the promotion of an employee often arises in the workplace, but there is not much understanding of the legal implications surrounding an employer's decision to promote or not to promote an employee. ...

Exercising rights without fear

An employment relationship entails two distinct primary obligations for parties involved. The employee’s primary obligation is to place services at the employer’s disposal, while the employer’s obligation is to remunerate the employee for services rendered....

When harassed by a non-employee

There’s a way to deal with harassment by a non-employee....

Labour brokers – real remedies?

The debate regarding the existence of labour brokers in the South African economy was, prior to the 2009 general election (and possibly still continues to be), a political hot-potato. Amendments to the legislation dealing with labour brokers should have been promulgated in early 2010 but the discussions around the issue continue. Amendments to legislation are anticipated in the latter part of 2010....

When a fixed-term contract is stopped

Fixed-term contracts and dismissal for operational requirements....

Validity of medical notes

Most employers' human resources policies make provision for employees to produce medical certificates when they have been absent from work due to ill health. ...

The sick note

Most employers' human resources policies make provision for employees to produce medical certificates when they have been absent from work due to ill health....

In search of certainty

Where an applicant has initiated application proceedings in the Labour Court but, after the respondent has entered a notice of intention to oppose as well as an answering affidavit to the founding affidavit, does not file a replying affidavit or have the matter set down for hearing, can the respondent apply to have the matter dismissed?...

Every employee is entiteld to annual leave

The primary objective of the Basic Conditions of Employment Act 75 of 1997 (BCEA) is to set out and enforce minimum conditions of employment so as to protect workers from exploitation....

Disclosure remains protected

For the first time the Supreme Court of Appeal has been called upon to adjudicate a protected disclosures dispute. ...

Firms face defamation danger

Employees have a right to a hearing before any disciplinary sanction is imposed upon them, but there is uncertainty whether an employer can be sued for defamation by an employee for comments made during an investigation conducted before an internal disciplinary enquiry....

Medical certificates are to prevent abuse of sick leave

Most employers' human resources policies make provision for employees to produce medical certificates when they have been absent from work due to ill health....

Promotion is the boss’s call

The issue regarding the promotion of an employee often arises in the workplace, but there is not much understanding of the legal implications surrounding an employer's decision to promote or not to promote an employee....

Mechanisms for late referral of disputes

Most working people are aware that in the event of an employment related dispute various forums such as the Commission for Conciliation, Medication and Arbitration (CCMA), bargaining councils and the Labour Court can be approached for assistance, including relief....

Blowing the whistle

For the first time the Supreme Court of Appeal has been called upon to adjudicate a protected disclosures dispute. ...

Employees have a right to fair labour practices

An employment relationship entails two distinct primary obligations for parties involved. ...