The question of what constitutes whistleblowing arises often. Whistleblowing can be defined as an act by an employee to provide their employer with information regarding misconduct committed by one of their colleagues and/or to raise a concern about any acts of wrongdoing within the workplace. Common examples include fraud and harassment-related offences. Most employees often turn a blind eye in fear of being charged for misconduct themselves.  However, employers should note that such...

Whilst constructive dismissal is not defined in the Labour Relations Act – Section 186(1)(e) of the act alludes to the term and states that dismissal means that 'an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee'. From the above, it is clear that this is not a normal dismissal, as the employee initiates the act of leaving the workplace. Thus, in constructive dismissal cases, the onus of proof to...

With the uptick seen in union negotiations in the past months, there have been disputes between employers and unions regarding the union’s access to the workplace. The Labour Relations Act sets out criteria for a union to have the right to access the employer’s premises: Firstly, the union should have over 30% of the employees in the workplace as its members;Second, the right to access the workplace should be subject to any conditions as to time and place that are reasonable and necessary to...

There are no cut and dried rules that specifically prohibits employers from re-employing dismissed or terminated employees in our law. A process of re-employing terminated or dismissed employees was not meant to be conducted haphazardly or carelessly without a measure of caution as it can have unintended repercussions. This article aims to redress the issues emanating from the re-employment of terminated or dismissed employees. What is re-employment? Re-employment is an act of being...