Labour

The EFF And The Workplace

The EFF And The Workplace

I am sure that many chairpersons and employers will agree; it is a common cause that the EFF nowadays makes their appearances at workplaces concerning labour-related issues. These include the demand to represent employees at disciplinary hearings and further issuing demands to employers of such workplaces. When employers do not meet demands, it often leads to unsolicited and disruptive activities such as unprotected strikes.  The question then arises “Does the EFF have the right to act in...

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Criminal Actions Of Employees After Hours

Criminal Actions Of Employees After Hours

Employers often find themselves in a difficult situation where an employee committed a criminal offence outside the workplace. It is important for the employer to know when he/she can institute disciplinary proceedings against the employee in such instances. Firstly, it is essential to know that if the employee commits an offence when he/she is not on duty the employee may still be associated with the employer's company when the employee is wearing his issued uniform or the employee is driving...

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Did You Know? – An Employee Has Personal Liability In Terms Of The Occupational Health And Safety Act 85 Of 1993.

Did You Know? – An Employee Has Personal Liability In Terms Of The Occupational Health And Safety Act 85 Of 1993.

Employees have a duty of care in terms of Section 14 of the OHS Act to take reasonable care for their health and safety and that of their colleagues and co-workers. They are to obey health and safety regulations as provided by the employer and the OHS Act. Employees have to report any possible unsafe and/or unhealthy procedures, areas or an incident that might have occurred, to the employer or health and safety representative as soon as possible. Should an employee fail or contravene his duty...

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Yet Another Council For The Food Industry

Yet Another Council For The Food Industry

Despite the fact that there already exists two Bargaining Councils and a Sectoral Determination, regulating the food, catering, restaurant and fast food industry nationally and provincially, the Minister of Employment & Labour allowed the registration of yet another Bargaining Council in the same or similar industry. On 8 January 2021, she extended the Bargaining Council’s main agreement for the Fast Food, Restaurant, Catering & Allied Trades (BCFFRCAT) to non-parties in the industry....

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Identifying The Rights Of Breastfeeding And Pregnant Employees In The Workplace

Identifying The Rights Of Breastfeeding And Pregnant Employees In The Workplace

Since the democratic elections in 1994, there has been an increase of females joining the workforce.  The aforementioned influx resulted from legislative support that promoted access to education and employment for women and economic and financial circumstances that necessitated women to earn an income. The government turned its attention to laws that promoted gender equality. A study done in Cape Town from April to August 2018, conveyed that employers and employees are blissfully unaware...

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FAQ – Can An Employee Claim For UIF Benefits If They Resign From Work?

FAQ – Can An Employee Claim For UIF Benefits If They Resign From Work?

No, if an employee voluntarily resigns from an employer, they cannot claim for UIF benefits. Similarly, the employee cannot claim UIF Benefits if they have absconded/deserted from work or suspended. When an employer terminates an employees' services that employee can claim by applying to the Unemployment Insurance Fund (UIF). Provided there had been contributions made to the UIF while working/employed. To find out how SEESA can help your business, visit our website for more:...

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Episode 58: Can One Change Conditions Of Employment Due To COVID-19 Related Pressure?

Episode 58: Can One Change Conditions Of Employment Due To COVID-19 Related Pressure?

SEESA Labour Legal Advisors, Charl Vollgraaff and Lizca Samuels discuss the important question of whether an employer may change Conditions of Employment, and if so, under what circumstances. They focus on the procedure to be followed, inducing risks and remedies available to the employer and employee. Click on the play button to listen to our podcast! Contact your nearest SEESA office to assist your business with labour related queries, alternatively, leave your contact details on our website...

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Disciplinary Action – Employee Misconduct Outside The Workplace

Disciplinary Action – Employee Misconduct Outside The Workplace

It is generally accepted, and a recognised principle in Labour Law that during working hours and while performing duties at work, an employee is subject to the rules of the workplace and further that an employer has a right to discipline an employee for misconduct committed. The question that often arises is whether an employer can discipline or even dismiss an employee for misconduct committed after hours and away from the workplace? This is referred to sometimes as away-from-work misconduct...

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Most Read Article Of 2020

Most Read Article Of 2020

COVID-19 Practical Guide For Employers During The Lockdown.Written By Hendrik van Niekerk On 23 March 2020, President Cyril Ramaphosa took a drastic and unprecedented step by declaring a nationwide lock-down set to begin at 23h59 on Thursday and end on 16 April 2020 in an attempt to curb the spread of the novel coronavirus. Who will be affected? The lock-down will affect everyone and nobody will be allowed to leave their homes for 21 days, unless under strictly controlled circumstances as...

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Most Read Article Of 2020

Most Read Article Of 2020

Now Is Not A Good Time To RetrenchWritten By Otto Bronkhorst The COVID-19 Pandemic and consequent lockdown measures have resulted in many companies facing unprecedented times and experiencing many financial and other challenges, due to them being either: Unable to operate their business, as a result of the restrictions imposed during the lockdown, and subsequently unable to generate an income or provide work to their staff (cannot pay their salaries); orAble to operate their business, but at a...

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