COVID-19 has wreaked havoc in the world’s economy, and South Africa was not spared the wrath of the COVID-19 storms, poor economic growth coupled with fears of a third wave has sent shivers down the spine of many businesses. The reality of another lockdown is a frightening one, more so as dwindling turnovers threaten the livelihoods of many South Africans. So what happens when a business is struggling financially, so much so that they cannot honour paying salaries on time? This is the question...

An observation test can be conducted instead of utilising a breathalyser test device to determine whether the employee is under the influence of intoxicating liquor. Instead of using a breathalyser test device to determine whether the employee is under the influence of intoxicating liquor, the employer can also use the Observation test. This is most useful when the employer notices unusual and unfamiliar behaviour by the employee (through observations) when reporting for duty as well as when...

Employers often confuse the rights to consult and to represent during retrenchments with the rights of representation during other internal matters, such as disciplinary hearings. However, retrenchments are often more complex, time-consuming, and require more than one sitting. The Labour Relations Act 66 of 1995 (as amended) sets out the parties that need to be consulted in a hierarchical manner. Sections 189 and 189A of the Labour Relations Act 66 of 1995 (as amended) set out the requirements...