Labour Law

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.

Can an employer withhold an employee’s severance pay if the employee refuses an alternative position?

Labour Law

The Labour Relations Act deals specifically with the requirements and criteria when an employer wants to start the retrenchment process with an employee. One aspect hereof that an employee may not be aware of, is that an employer may not have to pay the severance pay...

3 QUESTIONS EACH EMPLOYER HAS ABOUT CORONAVIRUS

Attorney, Labour Law

We highlight 3 questions each employer has about Coronavirus. With the number of people infected with the coronavirus, COVID-19 and this number growing rapidly as the days pass by it is important for employers to know what their duty is towards their employers. COVID-19 is making a substantial impact on society, the economy and the workplace, and it is, therefore, the duty of the employer to ensure that certain protocols are put in place to ensure that the working environment that both the employer and the employee are subjected to are safe. However, one question raised frequently is ;

Mutual Separation Agreements

Labour Law

What Is a Mutual Separation Agreement? A Mutual Separation Agreement is a legally binding contract designed for workplace separation by mutual consent , where both employer and employee agree to end their employment relationship voluntarily. Unlike retrenchment, this...

Labour Court

Labour Law

Labour Court Lawyers in South Africa At Vermeulen Attorneys, we provide professional representation in the Labour Court for both employers and employees. Our experienced Labour Court Lawyers handle disputes involving unfair dismissals, reviews of CCMA awards,...

Who Can Enter Into A Contract?

Labour Law

South African law dictates that in order for an agreement to be recognized as a valid and binding contract, it must meet certain requirements. These requirements are as follows: There must be consensus between the parties The parties must have intended for the...

Limiting Employment Claims – Protection Where It’s Needed

Labour Law

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...

Can An Employee Be Dismissed For Posting Racially Discriminative Post(s) on Facebook?

Labour Law

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

Labour Law

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...