With employers reopening for business after a well-deserved break during the December closure, many employers are faced with employees failing to report for duty. Most employers would agree that there are disruptions in operation due to employees failing to report for duty. The courts have endorsed the concept of corrective or progressive discipline, especially regarding less serious misconduct. In terms of Codes of Good Practice, employers should make the necessary efforts to correct...

It is common to find foreigners employed within a workplace in South Africa, specifically Zimbabwean Nationals.  Business Owners were recently confronted with the impact the Governments’ recent decision to revoke Zimbabwean Exemption Permits (ZEP’s) for Zimbabwean Nationals has on their business. ZEP’s, previously known as ZSP (Zimbabwean Special Dispensation Permits,) were implemented by Cabinet during 2009 in an attempt to assist and aid Zimbabwean Nationals in their quest to seek...

The South-African Labour law does not deal with the situation where an applicant was offered a specific position or employment opportunity by an Employer of which the offer was accepted, but only to be taken away before the commencement date or undersigning of the official Contract of Employment. Does the offer of employment constitute a legally binding contract, and will this piece of paper be worth its weight in gold if one wishes to take it to the altars of Justice? In short, yes, any type...

Have you ever wondered what your responsibility is as an employer when it comes to pregnant employees?  We all know that section 26(1) of the Basic Conditions of Employment Act 75 of 1997 (hereafter referred to as “BCEA”)[1], states that “no employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child”. The BCEA does not provide detail as to what would be hazardous to the employees’...

In disciplinary hearings, employers often need to submit documents or statements to prove misconduct on the employee’s side. This article will deal with the legitimacy of such documents or statements and how to correctly admit such evidence. South African Law of Evidence provides various types of evidence, and in this article, we will focus mainly on real evidence vs documentary evidence. The difference between documentary and real evidence depends on the purpose for which the evidence is...

It’s safe to say that social media has infiltrated our personal lives and working environments to such an extent that one does not always realise the repercussions of posting and commenting freely on these platforms since it has formed part of our everyday activities. Racism can be defined as prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one's race is superior.  The CCMA scrutinised this very definition and racial social...