Using company property by an employee is a direct result of the existence of an employment relationship. Company property should therefore be used for work-related purposes only. To determine whether the unauthorised use of company property for private use by an employee is dismissible, one has to look at the following: Is there a policy in the workplace prohibiting the unauthorised use of company property? Alternatively, is there is a clear rule prohibiting such use? Further, if such policy...

We all know that applying to enter the employment market and the stress that accompanies the interview process may be an ordeal all on its own. It is arguable that for a woman, an interview can take a swiftly unjust turn as soon as the seemingly practical, though mostly invasive, question is posed by her interviewer: “are you currently pregnant, or do you intend on having children soon?” The above may give rise to the following consideration: Can an employer dismiss an employee who failed to...

Have you ever needed assistance or wondered how to proceed when an employee has a medical disability or the doctor has booked them off for a period and advised that they cannot return to work? The below provides some assistance in understanding the process and options available. Suppose an employee suffers from a mental or physical disability that renders them unfit to work for a period exceeding six months, the employee may be regarded as suffering from a medical disability. A temporary...

Organisational rights, such as the union’s access to the workplace, deduction of membership fees, shop steward representation, union activities, and right to disclosure of information, can be conferred on a trade union in a workplace. However, this is subject to a registered union, sufficiently represented, and whether the employer’s industry falls into the union’s chosen scope of application of its constitution. Section 95(5)(b) of the Labour Relations Act makes it peremptory for a union to...