In a High Court judgment released on 25 October, the court found section 25 of the Basic Conditions of Employment Act (‘the BCEA’) that regulates maternity leave unconstitutional. While the validity finding has been suspended for two years to give Parliament time to amend the BCEA, the court introduced interim relief that comes down to a temporary amendment of the laws regulating maternity leave in South Africa. The separation of powers is a vital democratic principle enshrined in our...

In the realm of employment, there has always been a debate about when it's appropriate to terminate an employee for a first instance of negligence. Allow us to simplify this complex topic for you. In determining the justification for dismissal, specific criteria must be met: Loss or Damage: The employee's actions should have resulted in an actual, tangible loss or damage to the employer, not just a potential one.Foreseeability: The employee should have reasonably foreseen that their...

It is common practice for employers to include restraint of trade clauses in employment contracts to prevent employees who resign from competing with the business of their previous employer. A second common practice is settling labour disputes, such as misconduct disputes, through mutual separation agreements. These agreements terminate the employment relationship between the parties voluntarily and usually contain a clause confirming that the agreement is a full and final settlement of all...

Processing of employees' personal information is a necessary function in every workplace. POPIA prescribes how companies should collect, store, and share such information to protect employees' privacy rights. Here are some fundamental POPIA principles to keep in mind: Be clear about why you need the information (‘the purpose’).Only collect the minimum personal information necessary for the intended purpose.Implement adequate technical and organisational security measures to safeguard...

As an employer, maintaining a harmonious and productive workplace is essential for the success of your business. Unfortunately, there may be times when misconduct occurs, and you find yourself in the dark about who is responsible. This is where polygraph testing can become a potentially valuable tool for employers. Polygraphs can be used during the investigation phase to assist the employer in identifying the misbehaving employee. They may also be used during the subsequent disciplinary...

Several workplace misconducts are also criminal acts. Two of the most apparent ones are theft and assault. When an employee is accused of one of these misconducts, it is common for employers to also lay criminal charges against the employee. This can create a dilemma for the employee, who may be concerned about incriminating themselves in the criminal case by giving evidence during the disciplinary hearing. The result is that employees often insist that workplace discipline be postponed until...

Business owners often struggle with shrinkage, also known as stock loss.  Although shrinkage itself is easy to prove, it is usually difficult to conclusively prove the cause of the shrinkage. Due to this difficulty in proving the guilt of individual employees, employers sometimes charge a group of employees with team misconduct.  With team misconduct, the employer alleges that the blame for the misconduct is shared amongst a group of employees. The legal justification for this...

Introduction There is an increasing trend of employees that resign with immediate effect ignoring their legal obligation to give the employer notice. When an employee resigns, the employer has no choice but to find and train a replacement employee. The purpose of the prescribed notice period is to give the employer the time he needs to arrange a smooth handover process. An employee's resignation without notice may frustrate this process and make the employer feel helpless. The question is,...

The objectives of the policy are to integrate all the elements of B-BBEE into the relevant authority’s activities in relation to its function of issuing licenses as envisaged in section 22C of the Medicines Act. Stakeholders are encouraged to comment on the draft policy by 31 August 2023 on the SAHPRA website. Draft-B-BBEE-Policy-on-Issuance-of-Licences-22-June-2023Download Submissions may be directed to SAHPRA through the 'Contact Us' page on their website. Please click here for the link:...