The impact of the AARTO Act in the workplace
President Cyril Ramaphosa signed the Administrative Adjudication of Road Traffic Offences Act 4 of 2019 (AARTO Act) into law on 13 August 2019. Several objections were lodged against the AARTO …
Polygraph testing in the South African Employment environment.
Polygraph testing is a method that can be used to verify a person’s honesty and truthfulness in a specific situation and is often also referred to as a ‘Lie Detector …
A father can also be a mother – well, only when it comes to leave…
On 1 January 2020, Sections 1 to 7 of the Labour Laws Amendment Act of 2018 were enacted, introducing changes to the Basic Conditions of Employment Act (BCEA). These changes …
It’s complicated! Zimbabwean Exemption Permits to expire on 31 December 2023
The South African government implemented a further six-month extension, until 31 December 2023, for Zimbabwean nationals who are holders of expired Zimbabwe Exemption Permits (ZEP) to remain in South Africa. …
Does refusal to work overtime amount to insubordination where no agreement exists?
Employers are often faced with challenges when the business requires their employees to work overtime for in a certain period. Section 10 of the Basic Conditions of Employment Act, 75 …
Dismissal for incapacity – ill health.
Employees’ continued inability to work and absence causes headaches for many employers. The law provides for incapacity arising from ill-health or injury which is recognized as a legitimate reason for …
Equal pay (=) for work of equal value
Section 6(1) of the Employment Equity Act 55 of 1998 states that an employer may not unfairly discriminate against any employee on grounds including race, gender, sex, pregnancy, marital status, …
Steps in the disciplinary process
According to the Labour Relations Act (the LRA) the basic steps required to conduct a fair disciplinary hearing includes: The Code of Good Practice: Dismissals, issued in terms of the …
ADVICE TO EMPLOYERS – IS THE CONTINUED RELATIONSHIP REALLY INTOLERABLE?
Item 92 of the CCMA’ Guidelines: Misconduct Arbitrations, provides that when an employer is contemplating dismissing an employee, employer should be able to show that the employee’s offence was so …
The disciplinary hearing – a simple (legal) process
A disciplinary hearing is a meeting in the workplace between an employer and an employee where an allegation of misconduct or negligence of an employee is considered. It is not …