While it remains highly beneficial for companies to create a healthy environment that will lead to loyal and long-serving employees, employers are often faced with a difficult decision when they reach the agreed or normal retirement age. The employer might be sceptical of dismissing an employee based on age as it might amount to unfair discrimination that would constitute an automatically unfair dismissal. In terms of Section 187(1)(f) of the LRA, a dismissal is automatically unfair if the...

Employers are more often than not faced with compliance orders or arbitration awards, which they have to comply with and furnish proof of compliance. What can an Employer do when they receive a compliance order relating to an underpayment of an employee who has, for example, not been employed by the Employer for over three (3) years? Does the Prescription Act apply to Labour Law as well? First, a compliance order is an order, which the Department of Employment and Labour issue and serve on the...

The Code of Good Practice on Dismissal (hereinafter referred to as the Code) contained in Schedule 8 of the Labour Relations Act (hereinafter referred to as the Act) provides employment subject to a reasonable probationary period. For this reason, an employer may require an appointee to work a probation period before confirming their appointment. A probation period allows the employer to assess the employee’s competency before their appointment is confirmed. The Code does not prescribe a...

The New Code of Good Practice replaced the 2005 Code of Good Practice on handling sexual harassment in the workplace.  The new code came into effect on the 18th of March, 2022. What are these new changes, and what should companies take into consideration? First, there is a new definition of harassment which includes the following: Unwanted conduct which impairs dignity; Conduct that creates a hostile work environment for one or more employees or has the effect of including submission by...

While employees are generally free to do what they want after working hours, an employee may face disciplinary action if his conduct has a negative impact on the employer’s business. An employer will have the right to discipline an employee for off-duty conduct when he can prove a link between the employee’s actions after hours on the one hand and the workplace or the employer itself on the other. Therefore, the employer must prove that he has a legitimate interest in the employee’s actions...