New smoking laws for South Africa want fines and jail time for lighting up around non-smokers
The Department of Health has re-presented the Tobacco Products and Electronic Delivery Systems Bill to the portfolio committee on health, kick-starting the process to get the laws passed once again. Broadly, the Bill is proposed legislation that will regulate the sale, advertising, and use of tobacco products and electronic delivery systems. However, it also introduces very…
Read MoreSMOKERS BEWARE!
The Tobacco Products and Electronic Delivery Systems Bill 2018 (“the Bill”) prohibits smoking in any prescribed outdoor public place and, more importantly from an employment law perspective, at the workplace, where smoking may pose a health, fire or other hazard. Notably, the Bill will have a broad application as the prohibition on smoking will not…
Read MoreWITHDRAWAL 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…
Read MoreMisconduct in the Workplace
Recent rulings in cases such as Mondry Ngobeni and 51 Others v Interspray Durban CC [2024] JS739-18 (LC) and SARS v CCMA [2024] JR 2223-20 (LC) offer valuable insights for employers navigating the complexities of labour relations and misconduct. Mondry case In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for…
Read MoreRetrenchment without a Section 189(3) Notice found to be fair
Section 189(1) of the Labour Relations Act (“LRA”) requires that if an employer contemplates dismissing one or more employees due to operational requirements, they must consult with the relevant parties as outlined in the section. Section 189(3) then requires that the “employer must issue a written notice inviting the other consulting party to consult with…
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