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Labour Law

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.

man scanning his finger
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.

employers having a meeting

Due to the fact that some employers are unskilled in dealing both effectively and legally with poor performance or misconduct they look for other ways of getting rid of ‘troublesome employees. However, the law has made it clear that employers must use laid down corrective/disciplinary processes in such cases and are not allowed to misuse other methods such as retrenchments.

Covid-19 vaccine

The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. For instance, it is not normally acceptable to use the procedure laid down for retrenchments in order to deal with poor work performance. 

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