Labour

What Is Progressive Discipline?

What Is Progressive Discipline?

The Code of Good Practice, contained in Schedule 8 of the Labour Relations Act, is a legislative guideline on the best practices to follow regarding labour procedures. The Code specifically stipulates that any disciplinary action, especially when considering dismissal, should be substantively and procedurally fair. To achieve this, progressive discipline must be applied. Progressive discipline is a reasonable measure employers must impose on employees who commit misconduct. Its main objective...

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Unauthorised Use Of Employer’s Property

Unauthorised Use Of Employer’s Property

The unauthorised use or possession of property belonging to the employer or the client of the employer is regarded as serious and sufficient to deem a dismissal fair. It is important that there be a clear rule that has been applied consistently and that the employee is aware of. The employer needs to prove the following: That there is a clear rule that is consistently applied ;The rule is reasonable; The employee is aware of the rule; That the employee had the goods in question; and The...

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DYK – The Demotion Of An Employee As An Alternative To Dismissal Must Be Done Procedurally Correct?

DYK – The Demotion Of An Employee As An Alternative To Dismissal Must Be Done Procedurally Correct?

Employers sometimes elect to demote employees when dismissal, as a disciplinary sanction, would have been justified and after a Disciplinary Hearing was conducted.  The demotion above cannot occur before the employer follows a fair procedure, and the employer is not allowed to enforce a demotion upon an employee in a partisan manner. Before the demotion is enforced, the employer must consult with the particular employee and afford them the opportunity to make representations regarding the...

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What Is The Difference Between A “Probation Period” And An “Acting Position Period”

What Is The Difference Between A “Probation Period” And An “Acting Position Period”

A "Probation Period" is commenced at the start of an employment relationship and usually runs for three months from the date of employment. This period allows an employer to evaluate a new employee’s skills and to ensure that they meet the required performance/skills incumbent to perform the position in a permanent capacity. It can be extended should the employer wish to do so, alternatively waived, provided that the employer follows the poor work performance process. An "Acting Position...

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The Impact Of Loadshedding On The Remuneration Of Employees

The Impact Of Loadshedding On The Remuneration Of Employees

The incessant and repeated introduction of various levels of Loadshedding, often without much notice, has some severe consequences for businesses. Not of which is the uncertainty of whether Employees are to be paid for the hours of Loadshedding as this could surely not be expected of the Employer if they are not in control of working hours when Loadshedding rolls around. The question, however, becomes whether employers are responsible for paying employees during hours of Loadshedding....

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Episode 145: Legal Update For Employers / Business Owners Concerning Zimbabwean Nationals Working Within SA

Episode 145: Legal Update For Employers / Business Owners Concerning Zimbabwean Nationals Working Within SA

SEESA's Legal Advisors, Charl Vollgraaff and Meggan Watson, provide a basic summary of the latest legal developments concerning Zimbabwean Nationals who are current ZEP holders living and working within South Africa. They inform Employers/Business Owners about the further extension of the grace period for these current ZEP holders to prevent the spread of misinformation and possible unfair labour practices towards these workers. Click on the play button below to listen to our podcast! Should...

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DYK – An Employee Must Be 15 To Be Legally Employed?

DYK – An Employee Must Be 15 To Be Legally Employed?

The Basic Conditions of Employment Act of 1997 (the BCEA) states the following: Section 43 - Prohibition of employment of children: Who is under 15 years of age; orWho is under the minimum school-leaving age in terms of any law, if this is 15 or older.That is inappropriate for a person of that age;That places the child’s well-being, education, physical or mental health, or spiritual, moral or social development at risk. A person who employs a child in contravention of subsection (1) or (2)...

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Discipline In The Workplace- Consistency Is Key!

Discipline In The Workplace- Consistency Is Key!

This concept may sound like an obvious statement to many. However, employers still overlook this when implementing discipline in the workplace. For that reason, this article aims to detail the pitfalls of not consistently applying discipline in the workplace. Firstly, the following steps are critical to achieve consistency in the workplace: Establish and implement a clear disciplinary code in the workplace ensuring all staff understand and are aware of the code;Ensure adherence to the...

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“Knock” “Knock” – You Have A Labour Inspection

“Knock” “Knock” – You Have A Labour Inspection

Many employers across South Africa get the “dreaded” inspection from the Department of Labour every year. For some employers, these inspections create a state of panic, seeing as these employers do not know what to expect. In this article, we will address the basic aspects that they will inspect. Labour Inspectors of the Department of Labour (DOL) visit workplaces from time to time to check the level of compliance in the workplace in accordance with labour legislation. The Department of Labour...

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When Is A Restraint Of Trade Agreement In An Employment Contract Enforceable In Law?

When Is A Restraint Of Trade Agreement In An Employment Contract Enforceable In Law?

A restraint of trade agreement in an employment contract states that on termination of employment, such employee will be restricted from working in a specific industry, for a specified period and in a certain geographical area. The purpose of a restraint of trade agreement is to protect the employer's business interests to retain its competitive edge (such as trade secrets, confidential information and client base), which a competitor could use to the employer’s detriment. The laws of contract...

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