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Labour Law

offce dispute

Employees do not ordinarily have an automatic entitlement to a pay increase or to advancement up the corporate ladder. However, the Labour Relations Act (LRA) does allow employees who have been passed over for promotion to lodge an unfair labour practice dispute at the relevant bargaining council. Should the industry in question have no bargaining council the employee may lodge the dispute at the CCMA.

labour law

The Employment Equity Act (EEA) prohibits sexual harassment of employees by other employees and holds the employer liable in such cases even if the employer does not know that the sexual harassment is going on. The courts have upheld this provision.

co-workers in a meeting

The CCMA’s policy guidelines for misconduct dismissal arbitrations that became effective in January 2012 increases the obligation on commissioners to conduct themselves properly when arbitrating such matters. 

prisoner in hand cuffs

The employment of certain sex offenders is regulated under chapter 6 of the Criminal Law Amendment Act 32 of 2007 (CLAA) and prohibits certain employers from hiring or continuing to employ sex offenders. For the purposes of this law “employers” are defined as those that employ staff who, directly or indirectly, deal with or come into contact with children or mentally disabled persons (MDP) in the course of their work.

employees at a work hearing

Should an employer fail to bring any witnesses to a CCMA arbitration the employer’s representative will find it extremely difficult to win the case because witness testimony normally forms the crucial core of the procedure at any hearing. 

employees working together

An integral element of an employment relationship is the need for and the right of the employer and employee to trust each other. This is a two-way street and either party could forgo his/her right to continue the employment by destroying the trust relationship.

pregnant women

Pregnant employees are strongly protected under South African law. There are no fewer than six pieces of legislation that require employers to treat pregnant and post-pregnant employees with the greatest of care. One of these pieces of legislation is the Code Of Good Practice On The Protection Of Employees During Pregnancy And After The Birth Of A Child (The Code).

protest in South Africa

Many businesses have stopped operating, following the unrest in some parts of the country. Labour lawyer Osborne Molatudi has weighed in on how the unrest has affected the rights of employees. 

employee drinking at work

It is legally very dangerous for employers to discipline and fire employees  who commit offences due to illness or disability. For example, an employee who uses alcohol or narcotics and becomes addicted is legally classified as being ill and is protected by law.

AN Image Showing How The Covid-19 Pandemic Has Affected Workplaces.

Panic in workplaces over the spread of covid-19 may lead to breach of Basic Conditions of Employment Act and Occupational Health and Safety Act.

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