Employers should know when the actions of employees constitutes a strike, which is defined in the Labour Relations Act No 66 of 1995 (LRA) as “the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between employer and employee and every reference to work in...

A constructive dismissal is defined as a situation in the workplace created by the employer, which renders the employment relationship intolerable for the employee. Section 186(1)(e) of the Labour Relations Act (LRA) 66 of 1995, states that in circumstances where “an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee”, constitutes a dismissal. There are numerous instances of an intolerable employment...

Employers are sometimes faced with a situation were an employee caused damage to the employer as a result of their actions or omissions. Employers must decide to either impose a warning or deduct the cost of the damages from the employee’s salary. The question now arises whether you can issue a warning and deduct the damages - or whether this amounts to double jeopardy. What is double jeopardy? Double jeopardy occurs where an employee is punished twice for the same incident of misconduct or...