The Department of Labour often embarks on labour inspections during the course of each new year. The inspector’s functions include advising employees on their rights and obligations in terms of employment legislation and employment contracts, ensuring business owners comply with the rights and obligations imposed on them in terms of The Basic Conditions of Employment Act and investigating any employee complaints.   With the recent developments on the Zimbabwean Exemption Permits...

Yes, each employee employed in your business must be given a Contract of Employment. According to Chapter 4 of the Basic Conditions of Employment Act 75 of 1997 (BCEA), all employees that work more than 24 hours a month, must be provided with written particulars of their employment. Section 29(1) of the BCEA provides employers with a list of particulars to be given to the employee.  However, employers should contact their nearest SEESA office to assist with drafting these contracts to...

Yes. Employees who embark on strike action forfeit the right to payment for the period they strike. The only exemption is where the employees also receive payment in kind. Examples of payment in kind are accommodation, food and basic amenities. Employers may not withhold payments in kind, even during Strike action.  The employer may recover the value of the payments in kind paid during strike action after the strike is over. To find out how SEESA can help your business visit our website...

No. It has become a trend that Political Parties enter the workplace sphere and try to involve themselves in work-related matters between employers and their employees. In terms of the Labour Relations Act, 1995, the workplace is more commonly an area for Trade Unions, Employers Organisations and/or Workplace Forums. In two recent Labour Court Cases, the court confirmed that political parties have no place in involving themselves in work-related matters. In Calgan Lounge (Pty) Ltd and others v...

Employers should be careful when contemplating disciplinary action against employees who are absent from the workplace due to self-isolation from COVID-19 exposure. Two CCMA cases, with varying outcomes, confirm that these matters should be dealt with systematically and only after adequately investigating the facts. In Mehlala v Cybersmart (Pty) Ltd (2021) 7 BALR 749, the CCMA confirmed that OHS Regulations require an employee to self-isolate for a period of 10 days or longer if the employee...

No. There is no legal requirement that contracts of employment must be in writing.  A verbal agreement of employment is completely binding. The difficulty will always be in proving the terms of a verbal agreement when a dispute arises. If there is one thing that all employers desire, it is certainty. Properly drafted and implemented contracts of employment provides employers with exactly that, certainty. To find out how SEESA can help your business visit our website:...

Yes. There was a recent case in the CCMA where an employee was dismissed after being charged for bringing the company`s name into disrepute because she summoned the police to the workplace on three separate occasions after she had clashed with colleagues. She refused to attend a disciplinary hearing, describing the managers as “frauds”. The CCMA found her dismissal to be fair. To find out how SEESA can help your business visit our website: https://www.seesa.co.za/ "SMS" the word "SEESA" to...

Yes. An employee stated on his CV that he completed a Diploma in internal auditing. Management discovered that he had failed several modules of the Diploma. He was dismissed for making a false statement on his CV. The CCMA found the dismissal to be fair. To find out how SEESA can help your business visit our website. https://www.seesa.co.za/ "SMS" the word "SEESA" to 45776 with your query and a professional Legal Advisor will contact you! #TeamSEESA