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employer calculating employee remuneration

Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair. However, one view is that a second disciplinary process might be justified if the employer is able to present evidence that:

co-workers having a discussion at work

The potential penalty of R1 500 000 for a first offence highlights the seriousness with which the Department of Employment and Labour (DOEL) takes non-compliance and shows that they will not hesitate to bring the maximum penalty against defaulters.

employee with Covid-19

In October 2021, the Compensation Commissioner in South Africa issued a 

two people having a meeting

In the case of Maepe vs Commission for Conciliation, Mediation and Arbitration & another (CLL Vol. 17 June 2008) a senior commissioner at the CCMA was brought to a disciplinary hearing on charges of sexual harassment and improper or disgraceful conduct. A CCMA receptionist had accused the senior commissioner of having professed his love for her, blown her kisses and told her that he clutched her photo to his chest. 

group of 3 people working together on laptops

Focusing in the office has long been difficult, especially since companies became evangelical about knocking down walls in the name of open plan collaboration and lowering costs. But now, after nearly two years at home for many people, the return can feel almost designed to undermine your productivity.

employees working together in an office

South Africa’s progressive employment equity legislation has not gone far enough to enable people with disabilities to fully integrate into workplaces and perform their jobs optimally.

Two men shaking hands after signing contract

Section 197 of the Labour Relations Act (LRA) comes into effect where an undertaking (or part thereof or a service) of any kind is transferred by one employer to another as a going concern. This forces the new entity to take over all the employees of the old undertaking. 

payslip and calculator

Payroll, for many people, remains a mystery. The processes and calculations that sit behind the monthly amount that lands in the bank account are vague and complicated.

meeting with mediator

It happens too often that I receive panicked phone calls from employers who had received an unfavourable arbitration award in respect of a CCMA case that they never knew existed. That is, the employer had never received a summons to appear at the CCMA. In one such case the award required the employer to pay many tens of thousands of rands to an ex-employee. This can happen for a number of different reasons including:

strategic move of any employer should be to retain employees when they are still willing to stay, rather than only catching a wake-up call when they start to leave or have resigned.

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