Labour Law

Workplace harassment is defined as belittling or threatening behaviour directed at an individual or a group of workers. It's important to note that workplace harassment does not only refer to unsuccessful harassment at the office.

This week Ivan Israelstam explains how a CCMA Arbitrator dealt with a dismissal where an employer mistakenly thought that an employee could "dismiss themselves" - and exactly what the mistake cost the employer. The employee "self-dismissal" was found to be both procedurally and substantively unfair.

The Labour Relations Act of 1995 (LRA) makes it very easy for employees to challenge alleged unfair dismissals and other unfair practices at private or statutory dispute resolution forums. Such disputes may, by agreement, be dealt with via private (non-statutory) dispute resolution forums such as AMSA, AFSA, Tokiso and others.

What constitutes offer and acceptance for the conclusion of a contract of employment. Keep reading to find out what Jacques van Wyk, Director, Michiel Heyns, Senior Associate at Werksmans Attorneys thinks.

Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the requirements for rendering dismissals procedurally fair. Countless case law decisions have upheld this requirement.

South African labour law requires all discipline to be corrective rather than punitive. When an employer disciplines an employee twice for the very same incident of misconduct, the CCMA is likely to see this as punitive.

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.

Equal pay for equal work is the basis on which labour should be rewarded according to current legislation in South Africa. Despite the existence of legislation to ensure all employees are compensated fairly for their work, it does not always translate into the workplace.

South Africa’s labour department has released a set of guidelines to address harassment in the workplace. However, this is just a guide which needs the input of various stakeholders to ensure these guidelines are followed.

We too often hear the shout from business owners and managers: “Get rid of him now; we’ll worry about the legal costs later!” Little do they realise that ‘the costs’ they are shouting about could be immense.

South African employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts. A key reason for this is that employers do not understand the legal purpose of fixed-term contracts and the circumstances under which they are safe to implement or terminate.

South Africa’s labour department is currently embarking on a roadshow around the country. They want to educate the country’s labour force on the rights and responsibilities of employers and employees.

In order to conduct business with the state, South African businesses must abide by the Employment Equity Act. It is important to note that the amendments were made to the act which could change the companies conduct business with the government.

It's always encouraged to employ staff on a permanent contract. But are there any dangers for employers if they choose to use limited duration contracts? Let's find out.

Even where an employment contract is silent on the employer’s expectations of the employee common law expects the employee to be loyal to the employer.

The minimum wage in South Africa was introduced to protect workers from receiving unduly low remuneration and serve as a form of social justice. Employers are prohibited from paying staff below the minimum wage.

An increasing number of cases are being reported of employees being fired for being absent from work, outside of annual leave and sick leave. A recent case concerning the public broadcaster has brought the issue under the spotlight.

Ivan Israelstam explains potential forms of disruption and indiscipline at the workplace - what he refers to as workplace rebellions. The article goes on to consider when dismissal is a fair response by the employer, quoting cases to show how the CCMA will respond to allegations of unfair dismissal. 

Employees employed in a sector falling outside of the scope of a trade union's constitution, may still be represented by that trade union in dismissal disputes. However, as previously held by the Labour Court, such representation does not include an entitlement to bargain collectively with an employer on behalf of those employees.

In order to optomise the corrective effect of discipline it needs to be implemented as swiftly as possible. This does not mean that the disciplinary process must be carried out hastily. It does mean that, psychologically and legally, unnecessary delays must be avoided.