Section 189 of the Labour Relations Act (“LRA”) permits employers to dismiss employees for operational requirements. These are defined as requirements based on economic, technological, structural or similar needs of the employer. An employer w ...
WHAT IS A LAWFUL SUSPENSION BY THE EMPLOYER?
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Admin
We are often approached by Employers and Employees alike, asking advice on the lawfulness of suspensions in the workplace. In determining what a lawful suspension is, it is important to differentiate between suspension prior to the disciplinary hea ...
VICARIOUS LIABILITY FOR SEXUAL HARASSMENT IN THE WORKPLACE
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Admin
Could employers be held vicariously liable for their employees’ sexual harassment in the workplace? A recent judgment, E v Ikhwezi Municipality and Another, delivered in March 2016 by the Eastern Cape High Court in Grahamstown, suggests that the ris ...
MATERNITY LEAVE BENEFITS FOR MALES IN SOUTH AFRICA?
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Admin
Is it time to review your policies on maternity leave benefits? A recent and important judgment in the Labour Court in MIA v State Information Technology Agency (Pty) Ltd found maternity leave policies in favour females to be discriminatory against ...
DISCRIMINATION BASED ON GEOGRAPHIC LOCATION
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Admin
“Why don’t you come work in Joburg? You will get paid more…” The number of times that has been said in social gatherings are countless. There tends to be this view in South Africa that people working in larger cities are more favourably remunerated t ...
#YOU_R_FIRED – SOCIAL MEDIA MISCONDUCT
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Admin
Over the past 5 years or so we have seen a rapid growth in social media use in South Africa whether it be for personal or business purposes. If not already, social media will become one of the most commonly used forms of communication (hence the mo ...
INCOMPATIBILITY AS A VALID GROUND FOR DISMISSAL?
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Admin
Employers often have the inconvenience of having to deal with an “incompatible” employee. In other words an employee who does not fit the company culture or creates some sort of disharmony in the workplace. Our courts have recognized incompatibility ...
CAN I STILL MAKE A CASE OF UNFAIR LABOUR PRACTICE IF I HAVE SETTLED?
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Admin
In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts a demotion to a lower position, the employee is nevertheless entitled to refer an unfair labour practice di ...
WHAT IS A LAWFUL SUSPENSION BY THE EMPLOYER?
by
Admin
We are often approached by Employers and Employees alike, asking advice on the lawfulness of suspensions in the workplace. In determining what a lawful suspension is, it is important to differentiate between suspension prior to the disciplinary hear ...
DISCRIMINATION AGAINST PREGNANT WOMEN IN THE WORKPLACE
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Admin
Employees are often faced with a difficult situation in the workplace when falling pregnant. Many establishments react unfavourably towards female employees that fall pregnant. These employees are often discriminated against in various direct and ind ...