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, …
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 …
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 …
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, …