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...

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....

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...

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...

In terms of Section 87(2) of the Basic Conditions of Employment Act, 1997, the Minister of Labour, after consulting NEDLAC, has issued under Section 87(1)(b) of that Act a Code of Good Practice on the Protection of Employees during Pregnancy and after the birth of a child. The Schedule (hereinafter referred to as “the code”) protects employees during pregnancy and after the birth of a child. It makes provision for breastfeeding or lactating mothers upon their return to work after maternity...