Archive for August 2024
WITHDRAWAL OF A RESIGNATION
In the case of MOHLWAADIBONA V DR JS MOROKA MUNICIPALITY (J718/21) [2022] ZALCJHB 91 (18 MARCH 2022), the employer, which is a municipality, was placed under administration. Following this, due to ill health, the employee submitted his resignation immediately. He addressed the resignation letter to the acting Municipal Manager at the time. After sending the resignation letter,…
Read MoreSmoking and constructive dismissal – do they belong in one sentence?
Ever met the chain smoker who, notwithstanding the hints, complaints and frowns, continues to smoke in his office or open areas in the work place, clearly in defiance of the law and the employer’s required smoking policy? Most employers and employees are aware of the fact that smoking in public areas, therefore also the workplace,…
Read MoreSick leave issue
Interesting approach in terms of medical certificate. Especially pertaining to where employee informs the doctor that he/she was unfit. Section 22 of the Basic Conditions of Employment Act stipulates that: (a) An employee’s commencement of employment; or (b) The completion of that employee’s prior sick leave cycle. 2. During every sick leave cycle, an employee…
Read MoreSMOKING IN THE WORKPLACE
The Tobacco Products Control Act provides for the protection of non-smokers – it does not provide any benefit or protection for smokers. In addition, smoking in the workplace is not regulated by Labour Law but only by the above-mentioned Act. In terms of this Act, the employer is obliged to take steps to protect his…
Read MoreNew smoking laws for South Africa are back
After lapsing at the end of the previous administration, the Control of Tobacco Products and Electronic Delivery Systems Bill has been revived by Parliament for further processing. Now sitting in Parliament and on the agenda of the seventh administration, the Bill was first introduced in the National Assembly back in December 2022. According to the…
Read MoreBullying in the workplace – what employees and employers need to know.
Employers must investigate harassment/bullying claims and act decisively if they are serious, striving to maintain a psychologically safe workplace. Inadequate action could result in liability under section 60 of the Employment Equity Act (EEA). This highlighted by the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace which has been…
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