With the number of COVID-19 infections increasing significantly during the ongoing second wave of the global pandemic, employers have gotten use to the new normal of dealing with employees who have tested positive for the virus, those who show COVID-19 related symptoms and those who have come into contact with someone who has tested positive. In this uncertain times and employer and employee should, however, be certain of when sick leave should be used.
Labor Law Articles
Toxic Work Environment
Toxicity in the workplace – are you experiencing this?
A toxic or hostile work environment is not simply left at the door but may seep into every aspect of your life and influence not only your mental health and stability but may and most likely will cause problems with your physical health and even your relationships outside of work.
Section 10 of the South African Bill of Rights as contained in the Constitution of the Republic of South Africa states:
“Everyone has inherent dignity and the right to have their dignity respected and protected”
The infringement of ones right to dignity and respect can take various forms including harassment, bullying and passive-aggressive behaviour.
WHAT TO DO WHEN I GET RETRENCHED AND/OR DISMISSED DURING THE LOCKDOWN?
t this stage, a lot of employers find themselves at an impasse not being able to generate a monthly income, but still being liable for monthly remuneration of employees. The lockdown in essence is affecting the economy of South Africa tremendously. For this reason, employers are faced with no other option but either to have the employees take unpaid leave, if the employees are able to afford it. The alternative, which is the most nuclear option, is to start the Retrenchment process.
If an employee is retrenched, the burning question any employer or employee may have is whether the matter can be referred to the CCMA during the lockdown period.
Can An Employee Be Dismissed When Tested Positive For Cannabis
Previously, I wrote an article that asked the question whether an employee can be dismissed if caught smoking cannabis at or directly prior to work. In a recent judgment handed down in the matter of Mtembu and Other v NCT Durban Wood Chips (2019) 4 BALR 369 (CCMA) the...
Fixed Term Contracts
Employers tend to employ employees on a fixed term contract for specific reasons. This will usually include an employee going on maternity leave or where an employee provides services to a company, which will only be for a fixed period or at the occurrence of a...
Mutual Seperation Agreements
Too often attorneys get approached by an employer or employee who indicates that they are no longer satisfied with their working relationship. However, these parties usually do not want to end the relationship on bad terms and they are desirous of reaching an...
Abusing Medical Leave
WHAT CAN AN EMPLOYER DO WHEN AN EMPLOYEE IS ABUSING MEDICAL LEAVE? It happens too often that an employer is faced with an employee who takes more medical leave than he/her is expected, but the employee always provides a medical certificate. The question usually...
Sexual Harassment in the workplace and how to handle it
Sexual harassment is a serious matter that needs to be dealt with efficiently and as swiftly as possible to ensure that similar offenses do not occur in the workplace. Employers need to ensure that their policies and procedures are up to date. Employees should also...
Weed in the Workplace: A Labour Attorney’s Perspective
The legalisation of marijuana in South Africa has many people scratching their heads as to what exactly it means for employees in the workplace. Whilst some feel that the legalisation thereof is a good thing, some feel that it will not be good for the economy and the...
3 Things to ask yourself before you dismiss an employee
There are a lot of questions to ask yourself before you dismiss an employee, but we highlight three of the most important ones. In a lot of instances, some employers are too eager to dismiss an employee for some form of misconduct. This has in almost all of those...