Labour

Intimidation In The Workplace

Intimidation is said to be conduct that is seen or perceived as threatening to one’s safety. Intimidation in the workplace often rears its head in the form of conflict between co-employees, which escalates to a threat, either blatant or implied, leaving the aggrieved party feeling unsafe in and out of the workplace. When dealing with such situations, it is important to ensure that the affected party make the employer aware of such misconduct by either lodging a formal grievance or orally...

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FAQ – How to deal with employees sleeping on duty.

Sleeping on duty may either occur unintentionally where an employee drowses or dozes off due to sedative medication or long hours of sitting. However, sleeping on duty may also occur intentionally where an employee went to hide away or re-arranged chairs in order to make a temporary bed.    Employers are always urged to have a policy in place that addresses sleeping on duty and applying progressive discipline as far as possible. If an employer has a suspicion that an employee is...

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Disciplinary Codes Are A Vital Tool For Employers

A Disciplinary Code is an internal document that the employer of the business drafts. The rules of conduct are underlined in this document, and the suggested penalties for contravening these rules are listed. Schedule 8 of the Labour Relations Act deals with disciplinary rules and procedures. Schedule 8 section 3 (1) states that: “All employers should adopt disciplinary rules that establish the standard of conduct required of their employees. The form and content of disciplinary rules will...

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Can One Dismiss An Employee For Informing Someone That Their Employer Is Showing Symptoms Of COVID-19?

Can One Dismiss An Employee For Informing Someone That Their Employer Is Showing Symptoms Of COVID-19?

When an employee signs their employment contract, there is often a confidentiality clause which states that the employee will refrain from disclosing any confidential information to any third party whilst in employment with their employer and after termination, unless the employer agrees to disclose such information with the employee. Should the employee breach this clause, it possibly may lead to disciplinary action against the employee. But what happens when an employee informs the...

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Episode 89: When Would An Employer Follow Poor Work Performance Rather Than Misconduct?

Episode 89: When Would An Employer Follow Poor Work Performance Rather Than Misconduct?

In today’s podcast, SEESA Labour Legal Advisor’s Shashika Ramjugath and Ronallda Pillay provide a guideline to assist employers in differentiating when to follow poor work performance or misconduct procedures. Click play to listen to our podcast Contact your SEESA Legal Advisor to assist you with any labour related queries you might have. Alternatively, leave your contact details on our website. #TeamSEESA

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Disclosure Of Information Before And During Disciplinary Hearings

Many employers had to face the question of whether or not to make certain information available to an employee before a hearing is done or even during a hearing that is being conducted. Information can be confidential, privileged, and sensitive. It is a reasonable concern for the employer to want to know if the employee has the right to request information and whether it would cause problems, should the information be withheld. What information must be given to an employee in regards to a...

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Did You Know? – Your business can face a fine if you hire illegal immigrants.

Section 42 of the Immigration Act, 13 of 2002, criminalises the employment of an illegal immigrant. Subsection 42(2) of the Act rejects the claim of ignorance as a valid defence in criminal proceedings, while Section 46 of Act 13 of 2002 as amended by the Immigration Amendment Act, 13 of 2011, makes said criminal act punishable by a fine or imprisonment of 1 year on a first conviction, a fine or imprisonment of 2 years on second conviction and imprisonment of 3 years with no option of a fine...

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Internal Disciplinary Action Vs Criminal Prosecution

Have you, as an employer, ever wondered how to deal with disciplinary action when criminal charges are relevant too? Herewith are some advice and pointers to consider. Misconduct in the workplace must be dealt with in terms of labour legislation and guidelines; however, certain misconduct (e.g. fraud or theft) may also warrant criminal investigation and criminal charges being laid against the employee/s in question. Should you, as an employer, suspect any criminal activity, we recommend that...

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Possible Strike Action: Metal and Engineering Industry

Last week NUMSA declared a wage dispute in the Metal and Engineering Sector (MEIBC). They have failed to produce a mutually agreeable wage increase agreement after ongoing wage negotiations between them and several employer's organisations. NUMSA's starting position was a 15% across the board increase, but this has since been reduced to around 8% for year one and then inflation plus 2% for years two and three. The employers' organisations have slightly different positions. Still, there appears...

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False Medical Certificates, What To Do?

Over the last couple of years, we have seen an incline in the number of people resorting to false medical certificates. In this day and age, an employer cannot simply rely on the fact the all medical certificates submitted to him/her are authentic.   How does it work?  In most cases, the employee would have purchased the medical certificate from a third party who is not a Medical practitioner. The employee would stay away from work and, upon return, knowingly submits a false medical...

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