Review
Review: In terms of section 145 of the LRA, a party may apply to the Labour Court on the basis of an alleged defect with a commissioner’s rulings or awards. … Continue reading
Retrenchment in terms of Section 189A
RETRENCHMENT IN TERMS OF SECTION 189A INTRODUCTION This section applies to employers employing more than 50 employees if the employer intends retrenching: 10 or more employees, if the employer … Continue reading
Poor Work Performance
POOR WORK PERFORMANCE GENERAL South African labour laws recognise that an employer may require work performance of an acceptable standard, and that employees should be protected against unfair treatment. The … Continue reading
Misconduct
MISCONDUCT INTRODUCTION Misconduct is one of the grounds recognised by the law that may give reason for the dismissal of an employee. The law promotes the principle of progressive … Continue reading
Ill Health & Injury
ILL-HEALTH OR INJURY SICK LEAVE – MINIMUM ENTITLEMENT Sick leave works in a three-year cycle. An employee who works five days per week is entitled to 30 days paid sick … Continue reading
Harassment
HARASSMENT WHAT IS HARASSMENT? Harassment is an incident that has happened to an individual at the workplace that is unwelcome, unwanted and has a destructive effect. Examples of harassment … Continue reading
Employee vs Independent Contract
THE IMPORTANCE OF AN EMPLOYMENT CONTRACT The employment contract serves as the foundation for the relationship between an employee and that employee’s employer. It is also the starting point for … Continue reading
Drunkenness on Duty
DRUNKENNESS ON DUTY INTRODUCTION Drunkenness on duty and partaking of alcohol on duty (whether or not the employee is intoxicated) may constitute misconduct. Misconduct is one of the grounds recognised … Continue reading
Discrimination
DISCRIMINATION WHAT IS DISCRIMINATION Discrimination is to show favour, prejudice or bias for or against a person on any arbitrary grounds, for example on the basis of race, gender, sex, … Continue reading
Constructive Dismissal
CONSTRUCTIVE DISMISSAL WHAT IS CONSTRUCTIVE DISMISSAL Constructive dismissal is where an employee resigns with or without a notice or leaves employment due to unfair pressure, unreasonable instruction or unbearable … Continue reading