Section 197 of the Labour Relations Act (LRA), 1995 deals with transferring a business from one employer to another employer as a going concern. What constitutes a “going concern”? This question is not answered by the LRA but can be determined, it seems, by reviewing the following factors: The intention of the transferring parties. The continuity of the operation, for example, the business entity is still in existence after the transfer. The employees have been taken over by the new employer....

The South African Labour author John Grogan states that employees have an obligation to provide the employer with their labour, to obey reasonable instructions, to act in good faith and perform their duties. The function of discipline in the employment context is to ensure that the individual’s employees contribute effectively and efficiently to the goals of the company. Progressive discipline and dismissal In terms of the Codes of Good Practice dismissal must be seen as the last resort. A...

As an employer you have a duty to ensure a safe working environment for your employees - this includes protecting your employees against potential sexual harassment. The Employment Equity Act No 55 of 1998 (EEA) classifies harassment based on sex or gender as unfair discrimination which is strictly prohibited in the workplace. The legislature introduced the Code of Good Practice on Sexual Harassment which is aimed at assisting employers in combating sexual harassment in the workplace. The code...

The amended Broad-based Black Economic Empowerment (B-BBEE) Construction Codes have been gazetted on 1 December 2017 by the Department of Trade and Industry and will be implemented with immediate effect. Let’s have a look at the amended Construction Codes, especially the new regulations regarding Exempted Micro Enterprises (EMEs) and Qualifying Small Enterprises (QSEs) with 51% or more Black Ownership. The table below indicates the B-BBEE level that will be allocated to entities with the...

The Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Act provides only for protection of maternity and parental rights of biological parents and female employees. Currently, fathers are only entitled to 3 days of family responsibility leave at the birth of their children. Biological mothers are entitled to at least 4 months’ maternity leave. The lack of extensive parental leave provisions in South African law came to the fore in the labour court case of MIA v...

Managers conduct job interviews to determine whether a candidate is the right person for the job. The aim is to make an informed decision. If you employ somebody that fits well in your team it increases general morale, reduces training costs and service errors, and it inevitably leads to greater customer satisfaction. It is therefore critical to the success of the team and the business to employ the right person. Follow these guidelines with basic steps to ensure you hire right the first time....