Labour

Five things you can do today to improve your business’s HR function

by | Apr 11, 2019

#1: Sort out your employment contracts Ensure you have a proper and relevant employment contract on record for each employee in your service. #2: Back up your data and files to the cloud If you don’t already have one, you must get a proper cloud-based storage solution for all your HR documentation, employee misconduct records, personnel files, and other administrative records. #3: Add a careers@yourbusiness email address to your website footer A simple step such as a dedicated...

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The Employers Guide to: Writing An Employment Reference

by | Apr 11, 2019

Employers are often unsure about how to write an employment reference - what to say, what not to say and what can be said. Employment references play a significant role in the labour market, given the fact that there are currently more prospective job applicants than employment opportunities. In this guide: What is an employment reference?What should be on an employment reference? (list)What is its purpose?What's the purpose of a probation period?What must you write in a reference? 1. Is an...

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Online trading platform to assist SMMEs

by | Apr 3, 2019

President Cyril Ramaphosa recently launched an online trading platform which will link registered small, medium and micro enterprises' (SMMEs) access to supply chain opportunities of large South African corporations that have an integrated global footprint. The platform - called the Business Leadership South Africa Connect - was launched in conjunction with the SA SME CEO Fund Circle.  In a statement, the Presidency said the online portal will promote supplier diversity and the inclusion...

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Automatic Termination of Employment Contracts – Not So Automatic

by | Apr 2, 2019

The use of a fixed-term contract to regulate the termination of an employment relationship, is legally acceptable and can be used where the nature of the employee’s work is for a limited duration or for a specific project. Employers sometimes include an automatic termination clause, whereby the fixed-term contract automatically terminates upon the occurrence of a specific event – usually the termination of the project with the client of the employer. It is essential to consider Section 198B of...

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New minimum wage in South Africa

by | Mar 5, 2019

Labour law experts Ryan King and Pilot Ngake discuss everything you need to know about the new minimum wage in South Africa, signed into law in February 2019. Find out how it affects your business (17mins):

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A better understanding of Incompatibility

by | Dec 12, 2018

Incompatibility is a term that is rare, vague and uncertain in our law as it is not mentioned as a possible ground or reason for dismissal in terms of Section 188 of Labour Relations Act 66 of 1995 (LRA). According to Christianson (2002: 163), incompatibility has been defined as the inability on the part of the employee to work in harmony within the corporate culture of the business or with fellow employees (1994: 285-6). Grogan (2003: 277) similarly defines incompatibility as follows:...

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Proving Your Case: Know Your Elements Of Misconduct

by | Dec 12, 2018

Proving an employee’s guilt to a specific offense is like baking a cake: If you don’t put in the right ingredients, the cake will flop. To know which ingredients you must put in, you must have a recipe, which tells you exactly what, and how much off a certain ingredient is needed. Similarly, in the Labour Law, a specific misconduct requires specific elements to be proven to find an employee guilty on a balance of probabilities. Therefore, if an employer does not know what the specific...

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The Right To Deny An External Representative At A Disciplinary Hearing

by | Dec 12, 2018

Item 4 of the Code of Good Practice: Dismissal, contained in Schedule 8 ofthe Labour Relations Act (LRA), deals with some of the key aspects ofdismissals based on misconduct. More specifically, The Code of Good Practicestates the following: “The employer should notify the employee of theallegations against him, allow the employee a reasonable opportunity toprepare, to state their case in response to the allegations and that theemployee should be entitled to the assistance of a trade...

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A Brief Guideline To Procedural Fairness

by | Nov 29, 2018

Procedural fairness may be regarded as the “rights of the employee” in respect to the procedure to be followed during the disciplinary process. Employers should always ensure that they follow the correct procedure when dismissing employees. Even if there are good reasons for dismissal, such as theft or any other gross misconduct, an employer is still required to follow a fair procedure which includes providing the employee with an opportunity to state their case. Catching an employee...

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