The Minister of Employment and Labour recently repealed the “Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace” and replaced it with the “Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, which came into effect on 18 March 2022. The Code aims to ensure that South African labour law legislation complies with international standards, particularly the International Labour Organisation’s Convention 190, concerning...

When a trade union approaches a business for organisational rights in its workplace, it often creates confusion and frustration for an employer. This should not be the case. In terms of section 213 of the Labour Relations Act, the definition of a trade union is an association of employees whose principal purpose is to regulate relations between employees and employers, including any employers' organisations. Section 23 of South Africa’s Constitution makes provision that every worker in South...

Using company property by an employee is a direct result of the existence of an employment relationship. Company property should therefore be used for work-related purposes only. To determine whether the unauthorised use of company property for private use by an employee is dismissible, one has to look at the following: Is there a policy in the workplace prohibiting the unauthorised use of company property? Alternatively, is there is a clear rule prohibiting such use? Further, if such policy...

We all know that applying to enter the employment market and the stress that accompanies the interview process may be an ordeal all on its own. It is arguable that for a woman, an interview can take a swiftly unjust turn as soon as the seemingly practical, though mostly invasive, question is posed by her interviewer: “are you currently pregnant, or do you intend on having children soon?” The above may give rise to the following consideration: Can an employer dismiss an employee who failed to...