It is generally accepted, and a recognised principle in Labour Law that during working hours and while performing duties at work, an employee is subject to the rules of the workplace and further that an employer has a right to discipline an employee for misconduct committed. The question that often arises is whether an employer can discipline or even dismiss an employee for misconduct committed after hours and away from the workplace? This is referred to sometimes as away-from-work misconduct...

The CCMA has accepted “sufficient representation” to be at least 30% of the employees in the workplace. A union represents the majority of the employees if such representation is 50%. Sufficient representation equals to the union having 30% representation within the company they are entitled to. Section 12, Trade Union Access to Workplace and Section 13, which the company facilitates the deduction of the union subscription of their employees. Should a union achieve majority representation they...

How far does an employer’s obligation stretch in accommodating an employee’s religious beliefs and practices in the workplace? In South Africa, we live in a cosmopolitan world with different religions. In an ever-evolving working environment, the great challenge for employers is to accommodate all the different religions, as well as aligning all the employee’s respective rights. In terms of section 15(1) of the Constitution of the Republic of South Africa, everyone has the right to freedom of...