Five Lessons From Our Courts South African labour law, like most jurisdictions worldwide,...
Restraint of Trade and Confidentiality: The State of Play in South Africa
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Labour Law Articles
To Vax Or Not To Vax – An Employer’s Covid Conundrum
At present, the world seems to be sitting on a pressure-cooker. As pro-vaccine and anti-vaccine proponents take to social media, radio, TV, and whichever soapbox they can get their hands on to extol the virtues of their own viewpoint, whilst lamenting the ignorance of these people who hold different and opposing views, employers must decide on their company’s vaccine policy.
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.
Limiting Employment Claims – Protection Where It’s Needed
What does "Limiting Employment Claims" mean? This title simply means that employment claims are to be viewed in a more holistic manner. When people consider the notion of any right, they focus mainly on the person who is at the bottom of the vertical ‘rights...
Can An Employee Be Dismissed For Posting Racially Discriminative Post(s) on Facebook?
South Africa is a racially diverse country and every day, people of different races encounter one another. Among other places, the workplace is often times an environment in which different races meet, as this is where the South African working population spends most...
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...
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...
Automatic Termination of Employment
It is important to be aware of case law and recent judgments regarding the various facets of the law. In this research article, we will be exploring the long-debated subject of an employment relationship that may be terminated by the employer upon a specific event...