Labour

Sick Leave In The Workplace

Sick Leave In The Workplace

Employers across South Africa are faced with employees taking sick leave and the calculations of the wages that the employee are entitled to whilst being on sick leave. In this article, the following will be explained: The number of days an employee is entitled to when the employee is sick;The proof that the employee needs to submit to qualify for paid sick leave;The calculation of the wages the employee is entitled to whilst being on sick leave. The number of sick days an employee is entitled...

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FAQ – When employees strike, the “no work no pay” rule applies, but do I still have to provide pay-in-kind benefits to striking workers?

FAQ – When employees strike, the “no work no pay” rule applies, but do I still have to provide pay-in-kind benefits to striking workers?

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...

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DYK – An Employee Can Be Fairly Dismissed For Attending The Workplace While Testing Positive For COVID-19 Or After Being In Contact With COVID-19.

DYK – An Employee Can Be Fairly Dismissed For Attending The Workplace While Testing Positive For COVID-19 Or After Being In Contact With COVID-19.

In the matter of Eskort Limited v Mogotsi, the Labour Court held that the dismissal of an employee on the grounds of gross negligence and failing to comply with the health and safety protocols in the workplace was fair. The employee in this matter attended the workplace whilst knowing that he was in close contact with a co-worker who had tested positive for COVID-19, after having gone for a COVID-19 test himself and even after receiving his positive COVID-19 test result. He furthermore, after...

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Episode 101: What Is Progressive Discipline In The Workplace And How Is It Applied?

Episode 101: What Is Progressive Discipline In The Workplace And How Is It Applied?

Progressive discipline is a method used by employers to address an employee’s behaviour in the workplace and to correct such behaviour by implementing a step by step disciplinary approach. SEESA Labour Legal advisors Franzet Bothma and Felicia Smit discuss progressive discipline in the workplace, its purpose, and how it is applied. Click play to listen to our podcast! Contact your nearest SEESA office to assist your business with any labour related queries you might have. Alternatively, please...

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Discipline Regarding Alcohol-Related Offences And The Challenges Thereof

Discipline Regarding Alcohol-Related Offences And The Challenges Thereof

In a previous article published on the 21st of January 2021, we addressed the problematic issue of employers proving that an employee is under the influence of alcohol. The article also included guidelines to ensure that the employer’s case is proven on a balance of probabilities. But what happens if an employee claims to have a drinking problem, and for that reason, the employee came to work intoxicated. Alcoholism is deemed an illness. The Employment Equity Act citation refers to criteria...

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Discipline Regarding Alcohol-Related Offences And The Challenges Thereof

Discipline Regarding Alcohol-Related Offences And The Challenges Thereof

In a previous article published on the 21st of January 2021, we addressed the problematic issue of employers proving that an employee is under the influence of alcohol. The article also included guidelines to ensure that the employer’s case is proven on a balance of probabilities. But what happens if an employee claims to have a drinking problem, and for that reason, the employee came to work intoxicated. Alcoholism is deemed an illness. The Employment Equity Act citation refers to criteria...

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FAQ – Can Political Parties Interfere In The Workplace?

FAQ – Can Political Parties Interfere In The Workplace?

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...

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How To Deal With The Issue Of Provocation?

How To Deal With The Issue Of Provocation?

Employees often cry “provocation” when facing charges of assault or fighting in the workplace during a disciplinary hearing, but can provocation be seen as a defence? Assault or fighting in the workplace is generally regarded as a serious and a first-time dismissible offence. Provocation can be described as an act whereby an employee acts out of anger or in retaliation to being insulted or teased by another employee. It can be seen as a temporary “loss of control” by the employee due to being...

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FAQ – Can I Dismiss An Employee For Absence After Not Returning From Self-Isolation?

FAQ – Can I Dismiss An Employee For Absence After Not Returning From Self-Isolation?

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...

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FAQ – Do I need written contracts of employment?

FAQ – Do I need written contracts of employment?

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:...

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