In a time when the South African economy is in a dire state, and load shedding is constant, many Employers are feeling the financial pressure. Sections 189 and 189A of the Labour Relations Act permits an employer to dismiss employees for operational requirements or reasons. Section 189(2)(a)(i) of the Labour Relations Act states that the Employer and other consulting parties must, during consultations, attempt to reach a consensus on appropriate measures to avoid dismissals. The Labour...

When an employee faces disciplinary action, they sometimes do not wish to face it alone and then turn to colleagues, unions or even outside lawyers and/or advocates to represent them in the disciplinary action. The question is, are they all allowed to represent the employee automatically? Employees facing disciplinary action always have an automatic right to have a co-employee represent them. For this reason, unions usually attempt to have shop stewards/union representatives elected in the...

As we are getting close to the change of season, we also know that there is usually a spike in employees’ absence due to being ill. This is also the time employers receive more sick leave requests and medical certificates. The question now arises, what is a valid medical certificate?  Employers, and more likely employers in the countryside, often stumble upon a medical certificate issued by a professional nurse. Is this, then, a valid medical certificate? Section 23 of the Basic...

One of the most popular new year’s resolutions regarding an individual’s work aspirations is to start a new job and achieve greater success in the new year. This is all good and well, but such ambitious aspirations often leave employers in a severe predicament, especially when operations kick off in full swing during the beginning of the year. This article aims to assist employers who might find themselves in a similar situation, and we will touch base on what contractual conditions and...