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 …
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 …
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 …
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 …
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 …