CAN EMPLOYERS CHANGE THE CONTRACT?
Employees often complain that the employer has made some unilateral change to the original terms and conditions of employment, without consulting the employee. The changes made can take many forms, …
Can you force an Employee to testify against a colleague?
It often happens that Employers need a specific employee to testify against a colleague at a disciplinary hearing. It also happens that a witness decides not to “become involved”, whether …
Harassment in the workplace
On 18 March 2022, the Minister of Employment and Labour (“Minister”) published the Code of Good Practice on the Prevention of Elimination of Harassment in the Workplace (“the Code”).The Harassment …
The dangers of acting contracts
WHAT DOES IT MEAN TO BE “ACTING”?“Acting” refers to a situation where an employee temporarily assumes the responsibilities of another position, mostly higher than position currently held by the incumbent. …
I am going for a check-up: Can I take sick leave?
No. In terms of section 23 (1) of the Basic Conditions of Employment Act employees become entitled to paid sick leave only when they are unable to work on account …
Let’s deal with poor performers.
Misconduct or unacceptable behaviour occurs when a rule is broken, or some other unacceptable behaviour happens. Misconduct could lead to immediate disciplinary action, possibly leading to dismissal. The “breaking of …
What is your retirement age?
We are often asked whether an employer can insist that an employee should retire. This question is normally asked when it is already too late and when a dispute has …
That’s not part of my job description!
We often get asked whether an employee may reject an instruction to perform an activity which is not mentioned in their job description?A job description generally contains essential job requirements, …
How does the retrenchment process work?
The retrenchment process starts as soon as the employer has identified the need to make a position redundant due to a change in operations or when dismissals is contemplated as …
So an employee has been off-sick for a long time – advice for employers
The Employment Equity Act, Act no 55 of 1998 (the EEA), in Code of Good Practice on Employment of Persons with Disabilities, defines employees as “people with disabilities” if they …