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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:


As a result of Covid-19, employers need to re-look office culture, teamwork, and talent strategies to acknowledge both a shifting business landscape and changing employee expectations.


In response to the income lost by workers due to the Covid-19 related lockdowns, a relief scheme was introduced to supplement their income.


The Temporary Employer/Employer Relief Scheme (TERS) was introduced to supplement the loss of income workers experienced due to the Covid-19 related lockdowns.


The Unemployment Insurance Fund (UIF) introduced the Temporary Employer/Employee Relief Scheme (TERS) to supplement the loss of income experienced by workers in South Africa.


Dishonesty has traditionally been seen as a serious offence and one that could render an employment relationship intolerable. This is because dishonesty damages the ability of the employer to trust the employee. 


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:


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.


In October 2021, the Compensation Commissioner in South Africa issued a Notice on Compensation for COVID-19 vaccination side effects. The Notice was published in terms of section 6A(b) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) and provides that the Compensation Fund will "cover employees for injuries, illness or death as a result of receiving the COVID-19 vaccine”.


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. 


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.


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.


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. 


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.


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:


A 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. According to an article published by Business Tech, “Over half of young South African professionals are unhappy in their jobs and are looking to change employers within the next 12 months.”


Studies have shown that empathy has far-reaching effects in the workplace. It is therefore increasingly recognised as a crucial leadership quality in the current global market. This is pivotal as it builds a community of trust within a company’s team and has a knock-on effect on its stakeholders and customers, contributing to the longevity and sustainability of a business.


If you are a small Black-owned business in the clothing and textile, automotive or chemical industries, you are invited to enter the 2021 Business Accelerator Programme and put yourself in the running to win seed capital for your business. 


Most of a company’s business comes from existing customers. Keeping those customers loyal to the brand at a time when there are so many alternatives to choose from is something every organisation is struggling with. 


Hearings are a critical part of the business machinery. They provide parties with an opportunity to resolve conflict, and they can mitigate risk for employee and organisation alike. However, the past 18 months have not been ideal for organisations undertaking hearings.

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