An 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…
Read MoreWAIVED RIGHT TO BE HEARD AFTER REPEATEDLY DECLINING TO ATTEND DISCIPLINARY HEARING WITHOUT REASON
In the matter of CHEMICAL, ENERGY, PAPER, PRINTING, WOOD AND ALLIED WORKERS’ UNION OBO LUVUYO / ENGEN PETROLEUM – (2023) 32 NBCCI 7.1.2 [2023] 4 BALR 327 (NBCCI) The employee was employed as a Professional Bulk Truck Operator. The employee was called to a disciplinary hearing, but the hearing faced several postponements due to the…
Read MorePlanned Protest
PROTEST ACTION 1. COSATU will be calling upon all workers to support a socio-economic protest action by engaging in various forms of protests. 2. The forms of protest actions and actions in contemplation of the strike will involve. A National Day of Protest on 7 October 2024 – this will take the form of marches…
Read MoreCostly Negligence
In a landmark ruling in Mogale and Another v National Health Laboratory Services (JS958/2019) [2024] ZALCJHB 362 (13 September 2024), the Labour Court awarded damages in favour of the National Health Laboratory Services in the amount of R22,477,891.70. This decision marks a significant victory in holding executives accountable for their actions and highlights the importance…
Read MoreNew 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…
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