Fixed-term contracts sound appealing in theory but can be very complicated. As such, the Labour Relations Act was amended in 2014 in an attempt to provide guidance on fixed-term contracts. Section 198B of the Labour Relations Amendment Act deals with fixed-term contracts and defines a fixed term contract as a contract of employment that terminates either: on a fixed date; on a specified event; or once a particular project or task has been completed. This section does not apply to employees...

In a previous article published on the 21st of January 2021, we addressed the problematic issue of employers proving that an employee is under the influence of alcohol. The article also included guidelines to ensure that the employer’s case is proven on a balance of probabilities. But what happens if an employee claims to have a drinking problem, and for that reason, the employee came to work intoxicated. Alcoholism is deemed an illness. The Employment Equity Act citation refers to criteria...

Employees often cry “provocation” when facing charges of assault or fighting in the workplace during a disciplinary hearing, but can provocation be seen as a defence? Assault or fighting in the workplace is generally regarded as a serious and a first-time dismissible offence. Provocation can be described as an act whereby an employee acts out of anger or in retaliation to being insulted or teased by another employee. It can be seen as a temporary “loss of control” by the employee due to being...