Firstly, let's delve into the legal aspect. According to Section 23(1) of the Basic Conditions of Employment Act, an employer is not obligated to remunerate an employee for sick leave if the employee is absent from work for over two consecutive days, or more than twice within an eight-week period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee's absence on account of sickness or injury....

Employers often believe that a zero-tolerance policy could serve as a silver bullet to remedy all workplace problems by taking speedy and definitive action against employees who dare to breach such policies. We will thus briefly explore the definition, reasons behind such policies, goals, enforceability and other factors which may influence the successful implementation and enforcement of zero-tolerance policies within workplaces. “Zero-tolerance” means that a particular type of behaviour or...

Section 143 of the Labour Relations Act states that an arbitration award issued and certified by the CCMA “is final and binding and may be enforced as if it were an order of the Labour Court”. Ignoring these awards may have dire consequences for employers, as became clear in a recent Labour Court ruling in the matter ECCAWUSA obo KELVIN MOYO vs SUPERSPAR – POLOFIELDS & MAGNUS LOUBSER. Mr. Moyo, the employee, approached the CCMA after being dismissed and referred an unfair dismissal...

Retirement age for employees is a complex topic for employers to navigate. It is increasingly the norm for employees to want to work beyond retirement age due to financial concerns, the desire to remain productive, the increase in remote work possibilities and rising longevity. On the other hand, employers often prefer the older employees to make room for younger employees. In South Africa, we have three acts that are relevant to retirement. These are the Basic Conditions of Employment Act...

In the fast-paced world of employment law, the Double Jeopardy principle again took centre stage in the matter of SAMWU obo AN Malatsi v Gert Sibande District Municipality. The principle of Double Jeopardy prevents employers from subjecting employees to multiple punishments for the same offence, thereby ensuring fairness and protecting employees against undue harassment. The abovementioned case is a crucial reminder for employers about their rights to institute disciplinary action, especially...

In our interconnected world, platforms like Facebook, Twitter, WhatsApp, and LinkedIn often blur the lines between our personal and professional lives. What employees do in their personal time is generally off-limits to employer intervention. But there is a limit. Where an employee's Social Media posts impact the employment relationship detrimentally, the employer may act. This is especially the case, where the posts could be perceived as Hate Speech in South Africa's historical and political...

In a High Court judgment released on 25 October, the court found section 25 of the Basic Conditions of Employment Act (‘the BCEA’) that regulates maternity leave unconstitutional. While the validity finding has been suspended for two years to give Parliament time to amend the BCEA, the court introduced interim relief that comes down to a temporary amendment of the laws regulating maternity leave in South Africa. The separation of powers is a vital democratic principle enshrined in our...

In the realm of employment, there has always been a debate about when it's appropriate to terminate an employee for a first instance of negligence. Allow us to simplify this complex topic for you. In determining the justification for dismissal, specific criteria must be met: Loss or Damage: The employee's actions should have resulted in an actual, tangible loss or damage to the employer, not just a potential one.Foreseeability: The employee should have reasonably foreseen that their...