Do employers understand the complexities involved in proving a case of derivative misconduct against an employee in the workplace? This article shall serve as a reminder that any employee who becomes aware of wrongdoing in the workplace, which wrongdoing can adversely affect the employer, and who fails to disclose such knowledge to their employer, can face disciplinary action for having breached his or her duty to act in good faith. Employers ought to keep in mind the difficulties involved...

Can an employer be held liable if a customer utters racial remarks towards one of its employees? This question had to be answered by the Labour Court in the case of Shoprite Checkers (Pty) Ltd v Samka and others [2018] 9 BLLR 922 (LC). The employee claimed that she had been discriminated against on the ground of race by being bullied, victimised and harassed by the staff of the store at which she worked. She also claimed that a client made racist remarks to her and that management...

Kan ‘n werkgewer verantwoordelik gehou word vir rassistiese opmerkings wat deur ‘n kliënt gemaak is teenoor ‘n werknemer? Hierdie vraag moes deur die Arbeidshof beantwoord word in die saak van Shoprite Checkers (Pty) Ltd v Samka en andere  [2018] 9 BLLR 922 (LC). Die werknemer het beweer dat daar teen haar gediskrimineer is op grond van ras nadat sy deur ander werkers van die werkgewer waar sy werk, geboelie, geviktimiseer en getreiter is. Sy beweer ook dat ñ kliënt rassistiese...

Section 20 of the Basic Conditions of Employment Act sets out the usual conditions regarding annual leave, (accumulation rate of annual leave, leave cycle, expiry of leave etc.) however many employers often overlook the conditions set out regarding the payment thereof and are under a misconception of what is legally expected from an employer. Section 21 of the Basic Conditions of Employment Act sets out the following: Pay for annual leave 21. (1) An employer must pay an employee leave pay at...

What is fault and how does it relate to workplace discipline? While I often hear the word fault thrown around by employers and employees at many of the hearings I chair, I am often surprised by the lack of a clear understanding that most persons have of the term. Discipline and eventual dismissal through misconduct are often referred to as fault-based processes and enquiries. This means that before an employee can be said to be guilty of an offence, the employer is required to establish,...