FAQ – When employees strike, the “no work no pay” rule applies, but do I still have to provide pay-in-kind benefits to striking workers?
Yes. Employees who embark on strike action forfeit the right to payment for the period they strike. The only exemption is where the employees also receive payment in kind. Examples of payment in kind are accommodation, food and basic amenities. Employers may not withhold payments in kind, even during Strike action. The employer may recover the value of the payments in kind paid during strike action after the strike is over. To find out how SEESA can help your business visit our website...
DYK – An Employee Can Be Fairly Dismissed For Attending The Workplace While Testing Positive For COVID-19 Or After Being In Contact With COVID-19.
In the matter of Eskort Limited v Mogotsi, the Labour Court held that the dismissal of an employee on the grounds of gross negligence and failing to comply with the health and safety protocols in the workplace was fair. The employee in this matter attended the workplace whilst knowing that he was in close contact with a co-worker who had tested positive for COVID-19, after having gone for a COVID-19 test himself and even after receiving his positive COVID-19 test result. He furthermore, after...
May An Employee Refuse To Provide An Employer With Information On COVID-19, Under The Protection Of The POPI Act?
With the Protection of Personal Information Act No 4 of 2013 becoming more and more part of our daily vocabulary, there are still many uncertainties regarding certain aspects of the Act. Many employees feel that the Act of the employer requesting information of a positive COVID-19 result or information from themselves, their spouses or persons they alleged to have been in contact with or live with are in contravention of the POPI act. In this article, the definition of Personal Information...
Episode 101: What Is Progressive Discipline In The Workplace And How Is It Applied?
Progressive discipline is a method used by employers to address an employee’s behaviour in the workplace and to correct such behaviour by implementing a step by step disciplinary approach. SEESA Labour Legal advisors Franzet Bothma and Felicia Smit discuss progressive discipline in the workplace, its purpose, and how it is applied. Click play to listen to our podcast! Contact your nearest SEESA office to assist your business with any labour related queries you might have. Alternatively, please...
Discipline Regarding Alcohol-Related Offences And The Challenges Thereof
In a previous article published on the 21st of January 2021, we addressed the problematic issue of employers proving that an employee is under the influence of alcohol. The article also included guidelines to ensure that the employer’s case is proven on a balance of probabilities. But what happens if an employee claims to have a drinking problem, and for that reason, the employee came to work intoxicated. Alcoholism is deemed an illness. The Employment Equity Act citation refers to criteria...
Discipline Regarding Alcohol-Related Offences And The Challenges Thereof
In a previous article published on the 21st of January 2021, we addressed the problematic issue of employers proving that an employee is under the influence of alcohol. The article also included guidelines to ensure that the employer’s case is proven on a balance of probabilities. But what happens if an employee claims to have a drinking problem, and for that reason, the employee came to work intoxicated. Alcoholism is deemed an illness. The Employment Equity Act citation refers to criteria...
FAQ – Can Political Parties Interfere In The Workplace?
No. It has become a trend that Political Parties enter the workplace sphere and try to involve themselves in work-related matters between employers and their employees. In terms of the Labour Relations Act, 1995, the workplace is more commonly an area for Trade Unions, Employers Organisations and/or Workplace Forums. In two recent Labour Court Cases, the court confirmed that political parties have no place in involving themselves in work-related matters. In Calgan Lounge (Pty) Ltd and others v...
DYK – Internal Training Can Be Used For The Mandatory Grant Submission.
We can submit your internal training for the Mandatory Grant submission where the employer can claim 20% of the SDL (Skills Development Levies) that they pay to SARS. Internal training is new skills or knowledge that the employees of a company receive from someone within the same company. It refers to business operations rather than formal learning at a university or any external training at another company. Examples of how internal training can be recorded are; new employee's duties; new...
How To Deal With The Issue Of Provocation?
Employees often cry “provocation” when facing charges of assault or fighting in the workplace during a disciplinary hearing, but can provocation be seen as a defence? Assault or fighting in the workplace is generally regarded as a serious and a first-time dismissible offence. Provocation can be described as an act whereby an employee acts out of anger or in retaliation to being insulted or teased by another employee. It can be seen as a temporary “loss of control” by the employee due to being...
Episode 100: When Is A Business Designated For Employment Equity?
SEESA Skills Development Facilitators, Chantel Roux and Adrian Alexander provide clarity on when a business is deemed designated for Employment Equity. They also advise on how to deactivate and reactivate on the Employment Equity public register. Click play to listen to our Podcast! Interested in having your own SEESA Skills Development Facilitator to assist your business? Sign Up Today! Contact any of our SEESA offices, alternatively, leave your contact details on our website at...