In terms of the Basic Conditions of Employment Act (BCEA), any party to an employment contract must give notice of termination. The notice period is determined by the employment period, for example: One week, if employed for six months or less;Two weeks, if employed for over six months but less than one year;Four weeks, if employed for one year or more;Four weeks, if the employee is a farm worker or a domestic worker who has been employed for over six months. What happens when an employee has...

The answer is yes. With the current energy crises becoming the new reality in South Africa for the foreseeable future, employers must proceed with caution. There is a common misconception that the principle of “no work, no pay” applies during power cuts. Notwithstanding the reciprocal nature of the employment relationship where an employee provides a service to their employers, the employer, in turn, must remunerate staff for the period. To mitigate the adverse effects of Load Shedding,...

Yes, however, the results of a polygraph test alone are not enough to prove an employee's misconduct/guilt, as the accuracy of the test has been questioned over the years. Polygraph tests are considered circumstantial evidence, i.e. they can only draw inferences about a series of events. An initiator should only use this type of evidence with supporting evidence. An Employee must give their written consent to undergo a polygraph test as the test may infringe on two constitutional rights, which...

To answer this question, first, it will depend on whether the Bargaining Council's Main Agreement, for your specific industry, has been extended to non-parties of the agreement by the Minister of Employment and Labour. Second, whether your business forms part of or has joined an employer’s organisation which is a party to the main agreement. In the two instances mentioned above, it will be compulsory to comply with a Bargaining Council's Main Agreement for your specific industry. If you are...