Lexis Nexis
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As companies prepare for the December break, questions about bonuses, leave, working on public holidays, misconduct and other issues naturally come to the fore. -
In Gqithekhaya and Others v Amathole District Municipality [2022] 4 All SA 106 (ECLD), an employee has no legal entitlement to be remunerated and should in principle pay back the money if he was paid while participating in an unlawful strike. -
There is a fine line between extended absenteeism and desertion in the workplace. Desertion is often difficult for employers to prove, but they can still terminate a contract of employment by way of repudiation if the correct process is followed. -
The removal of directors should be carefully considered (especially) when a Director contracts with the Company for a specified period. A premature termination (unless he/she has committed a serious breach of the agreement) may entitle the aggrieved Director to damages. It is therefore critical that Companies construct their own internal procedures to deal with issues of this nature. -
Dismissal is appropriate when a Covid-19 health and safety policy is breached by an employee who fails to self-isolate when they have Covid-19 symptoms, or who continues to come to work after having been tested positive for the virus. -
What happens when an employee steadfastly refuses to remove a light blue hairpin in contravention of a dress code that requires hairpins to be navy blue or black? -
The survey gives a sense of how the lockdown is impacting expat workers and new assignees who were due to enter South Africa. Read the insights here. -
Often Independent Contractors are completely unaware that they are not Employees as defined in South African labour legislation. This article gives some welcome clarity on the differences between an Employee and an Independent Contractor and the recourse and protection each has, or does not have, respectively.. -
There has never nor is there presently any labour or employment legislation which regulates or controls the use of the test or to protect the Employee's right against the abuse of the test by an Employer seeking to dismiss or punish an Employee. Polygraphs can only be used when consent is freely given or permitted in the employment contract. -
With the rate of mental illnesses climbing due to the lockdown and the general COVID-19 situation, it is vital that employers find a way to balance the needs of business and the needs of its employees to ensure that productivity is maintained and mental health is supported.