Archive for October 2024
Unblemished service may not save you from dismissal
In Mgaga v Minister of Justice and Correctional Services and Others [2024] 7 BLLR 699 (LAC), the employee had been employed by the Department of Correctional Services since 1985. While employed in the position of Head of Waterval Prison, an inmate was stabbed and later succumbed to his injuries. The employee was required to report…
Read MoreLabour Department raids
Bad Employers, Bad Employers, Whatcha gonna do? Whatcha gonna do when they come for you? During September 2024, the Department of Employment and Labour (“Department”) conducted over 2500 compliance raids in the hospitality sector. This spate of compliance audits was triggered by a TikTok video posted by a former waitress at Babel, a restaurant in…
Read MoreAn Arrested Employee Is Not a Get Out of Jail Free Card for the Employers
Terminating employment due to being arrested – Is this legal? Many employers believe that the employment relationship automatically ends if one of their employees is arrested or imprisoned. This assumption is based on the employee’s unavailability to return to work, and, more importantly, the trust relationship has been tarnished due to the employee’s alleged criminal…
Read MoreNation-wide protest action
COSATU gave notice to NEDLAC of their intention to embark on nation-wide protest action on Monday, 7 October 2024. What does this mean for employers? The intended protest action stems from COSATU’s demand some years ago “that retrenchments to maximize profits must stop”. COSATU alleges that since then “we have seen the number of retrenchments increase at…
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