Dismissal for insubordination – a case study
The contract of employment is a reciprocal contract. This means that one promise is made in exchange for another, and one obligation is incurred in exchange for the other. The employee works in exchange for remuneration; the employer remunerates the employee in exchange for the employee offering to place his labour potential at the disposal and under the control of the employer. A clarifying case: This was the underlying principle in the Labour Appeal Court (LAC) matter between Barry Jorgensen...
Information Leaks – what does the law say?
Much has been written about the Protection of Personal Information Act (POPI), its effect on direct marketing and the consequences of unlawful use and processing by responsible parties. Despite this, in the case of MiWay v King Goodwill Zwelithini, MiWay found itself under the scrutiny of the Information Regulator when a telephonic conversation between one of its sales agents and King Goodwill Zwelithini was leaked on social media. The telephone call in question was made by the sales agent to...
Racist language in the workplace – a case study
The Constitutional Court of South Africa recently held that referring to a colleague as a “swart man” was racist and derogatory in the circumstances and justified the dismissal of the employee who uttered the words. Case: In Rustenburg Platinum Mine v SAEWU obo Meyer Bester and Others [2018] ZACC 13 Mr. Bester (a senior training officer at a mine) had been allocated a parking bay for his large 4x4 vehicle. The owner of a similar vehicle began using the bay alongside Bester’s, which made it...
The importance of Supply Chain Management for B-BBEE
All entities participating in the Broad-Based Black Economic Empowerment (B-BBEE) verification process are aware of how important preferential procurement is to the entity’s scorecard, and the level they will obtain. Keeping this in mind, entities should always ensure that they have a proper supply chain as well as supply chain management system in place. All employees working with suppliers and purchasing must always ensure that the suppliers they are procuring from have valid B-BBEE...
Repair, Replace or Refund – who’s choice is it?
The Consumer Protection Act (CPA) was introduced to the consumer community in 2011, notwithstanding the phenomenon that 7 years later, the consumer still accepts that the supplier selects the recourse on the consumer’s behalf. As a consumer, you may have 3 separate potential claims available to aid yourself in a dispute with a supplier; provided that the dispute relates to unsafe, damaged or defective goods or services. These remedies are repair, replace or refund. What does the CPA say?...
The Employer’s Guide to: intoxicated employees
Almost every employer has had to deal with one of the following situations: An employee reports for duty while under the under the influence of liquor of drugs. An employee consumed alcohol while on duty. An employee reports for duty while the exceeding the allowed limit of alcohol in his bloodstream. This conduct constitutes misconduct and employers need to deal with this in an appropriate manner. What’s the employer’s duty when this happens? In terms of the Operational Health & Safety...
Highlights from the BEE Commission’s Annual Conference 2018
Improving State Procurement for real empowerment - this was the theme of the Broad-Based Black Economic Empowerment (B-BBEE) Commission’s annual conference, held on 15 March 2018. In terms of Section 13G of the B-BBEE Act, all State entities and Government departments are required to submit their B-BBEE report (verification) to the B-BBEE Commission on an annual basis. All State entities and Government departments are required to implement B-BBEE. These entities does not have an option whether...
Supplier accountability for defective goods
Businesses face risk for liability for defective goods every day. A recent important incident is the Listeriosis outbreak that crippled businesses and suppliers in the processed meat industry. The consequences are reaching far beyond just the businesses who are directly involved - farmers who supply livestock to abattoirs, who in turn supply carcasses to the relevant businesses. Even businesses supplying packaging materials are affected. Section 61 of the Consumer Protection Act (CPA) states...
Are Mentoring Programmes worth it?
Doing business today requires having low-cost, yet high-quality, solutions. Starting a mentoring program in your business allows you to capitalize on your greatest resource, your employees. Mentoring programs are a cost-efficient way to get employees engaged and empowered. What are the benefits to the mentor? Being involved in mentoring provides some tangible benefits that can reward mentors professionally. Some key benefits to mentors include: Encourages the mentor to share...
Misconduct during a disciplinary hearing – what now?
Can an employee be dismissed for serious misconduct committed during a disciplinary hearing? A case study: The Labour Appeal Court (LAC) in the case of Ekurhuleni Metropolitan Municipality v South African Municipal Workers Union and Others recently decided the former issue but refrained from making a finding on the issue. The employee, Skhosana, in the case had been charged with misconduct and was required to attend a disciplinary hearing along with 6 other co-accused employees. Violence broke...