Labour

Are Virtual Proceedings During Hearings, Mediations And Consultations Part Of Our New Normal?

Are Virtual Proceedings During Hearings, Mediations And Consultations Part Of Our New Normal?

Over recent years technology has become part and partial of the way we do business. It revolutionised the way we communicate and the way we practise law. However, the process of adopting virtual proceedings in litigation and specifically labour proceedings was fast-tracked by the COVID-19 pandemic. Courts serve mainly two functions in society, namely resolve disputes and deliver justice to individuals[1]. A virtual courtroom is a conceptual idea of a judicial forum that has no physical...

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FAQ – May an employee be dismissed for calling managers “frauds”?

FAQ – May an employee be dismissed for calling managers “frauds”?

Yes. There was a recent case in the CCMA where an employee was dismissed after being charged for bringing the company`s name into disrepute because she summoned the police to the workplace on three separate occasions after she had clashed with colleagues. She refused to attend a disciplinary hearing, describing the managers as “frauds”. The CCMA found her dismissal to be fair. To find out how SEESA can help your business visit our website: https://www.seesa.co.za/ "SMS" the word "SEESA" to...

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Can My Employees Refuse To Work If Salaries Are Paid Late?

Can My Employees Refuse To Work If Salaries Are Paid Late?

This issue comes up quite often, especially in the contractor industry. The main reason for this is usually because the main contractor who appointed the employer did not pay on time, and subsequently, salaries were paid late by the employer. Often employees will refuse to work, claiming that they have not received their salary as stipulated in their contract of employment, and for this reason, they won’t continue working. This article will shed some light on what the employees are allowed to...

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If You Fail To Plan To Deal With Industrial Action, You Might As Well Plan To Fail.

If You Fail To Plan To Deal With Industrial Action, You Might As Well Plan To Fail.

Benjamin Franklin once said, “By failing to prepare, you are preparing to fail”, and that is exactly the kind of mindset an employer must have when it comes to industrial action. During October 2021, there was both an industry-wide strike as well as a nationwide strike. The former being organised by the trade union NUMSA and the latter by the by trade union federation COSATU. These ongoing strikes and protests have an enormous impact on the economic well-being of not only our economy as a...

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FAQ – Can I dismiss an employee for making a false statement on his CV?

FAQ – Can I dismiss an employee for making a false statement on his CV?

Yes. An employee stated on his CV that he completed a Diploma in internal auditing. Management discovered that he had failed several modules of the Diploma. He was dismissed for making a false statement on his CV. The CCMA found the dismissal to be fair. To find out how SEESA can help your business visit our website. https://www.seesa.co.za/ "SMS" the word "SEESA" to 45776 with your query and a professional Legal Advisor will contact you! #TeamSEESA

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Episode 97: When Do I Charge An Employee With Insolence Or Insubordination?

Episode 97: When Do I Charge An Employee With Insolence Or Insubordination?

In this podcast, SEESA Legal Advisors, Dieter Heydenrych and Yolande Iversen discuss the differences between insolence and insubordination and the requirements to charge employees with the proper class of offence. Insolence can be seen as the disrespectful attitude of an employee towards any superior, whereas insubordination requires the employee to have refused a lawful and reasonable instruction. Should the insubordination be willful and consistent, then the offence might even warrant...

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FAQ – May I dismiss an employee for not wearing a facemask?

FAQ – May I dismiss an employee for not wearing a facemask?

The Labour Court has already urged employers to act robustly against employees who flouted the COVID-19 regulations, and this was confirmed in a recent CCMA case. In Ngcobo v East Coast Board (Pty) Ltd (2021) 8 BALR 826 (CCMA), the employee breached the Health and Safety rules by not wearing a facemask during working hours. He was dismissed after receiving a previous final warning for the same offence. The employee made light of the rule and claimed that the incident occurred when the lockdown...

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DYK – A Desertion Hearing May Proceed In The Employee’s Absence If The Notice Of Desertion And Disciplinary Hearing Was Personally Served On The Employee

DYK – A Desertion Hearing May Proceed In The Employee’s Absence If The Notice Of Desertion And Disciplinary Hearing Was Personally Served On The Employee

When a Notice of Desertion and Disciplinary hearing was personally served on the employee, and the employer submits sufficient proof of such service, then the disciplinary hearing may proceed in the employee's absence if they fail to attend the hearing. The mentioned disciplinary hearing notice is usually being served with a registered post whereby the employer receives a registered post slip as proof of sending. But in such a case, there is no concrete proof that the employee indeed received...

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Supplier Development Programmes Under The B-BBEE Amended Construction Sector Code

Supplier Development Programmes Under The B-BBEE Amended Construction Sector Code

On 1 December 2017, the Amended Construction Sector Charter was gazetted and came into effect. All measured entities within the Construction Sector have to comply with the Amended Construction Sector to verify their B-BBEE status. For the purpose of this article, the focus will be on Supplier Development Programmes under the B-BBEE Amended Construction Code. The differentiation under the Supplier Development element between the Amended Codes of Good Practise and the Amended Construction Sector...

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The Use And/Or Abuse Of Sick Leave During The COVID-19 Pandemic

The Use And/Or Abuse Of Sick Leave During The COVID-19 Pandemic

Since the pandemic's start, there have been various amendments regarding the National State of Disaster and its regulations regarding the different lockdown levels. In brief, with the level 5 lockdown, the hard lockdown, employers utilised employees annual leave to this period to pay them their full salary and subsequently claimed this amount back from TERS. Many employers have further been obtaining assistance from the TERS scheme throughout the pandemic. The question that now arises, as the...

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