Category Archives: Resource

comparative piece: the effect of workplace vaccination policies on employment

Since the arrival of Covid-19 employers have shifted towards implementing mandatory vaccination policies in their respective workplaces. This is primarily due to their operational requirements and obligations in terms of the Occupational Health and Safety Act 85 of 1993. Workplace vaccination policies, whether mandatory or otherwise, have been the focus in various disputes before the […]

Derivative Misconduct and the Duty of Good Faith: When can an Employee be Dismissed for Derivative Misconduct?

What is derivative misconduct and when does it occur? An employer must have a fair reason for dismissal in order to satisfy the element of substantive fairness. Misconduct is one such reason. Derivative misconduct refers to cases where an employee has knowledge of misconduct by other employees/ co-workers and opts not to disclose it to […]

An employee’s duty of good faith towards their employer when running “side-hustles”

Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat // CCMA & 2 Others [2021] (LAC) In this day and age it is not uncommon for individuals to have full time employment and side-hustles. These side-hustles are often with a view to making extra money to substitute their permanent employment income. While this may not normally be […]

May an employee refuse its employer’s instruction to give evidence at arbitration to which the employer is an interested party?

Kaefer Energy Projects (Pty) Ltd // CCMA & 2 Others [2021] (LAC) Can an employer instruct an employee to give evidence at arbitration on its behalf? Is it misconduct if the employee refuses to do so? This topic was dealt with in the abovementioned case.  Background: Ms. Lifa Sukazi was employed with Kaefer as an […]

Tech Giant Huawei to Tread Lightly after Employment Equity and Immigration Violations

The Chinese ICT superpower, Huawei has found itself in quite the predicament with the Department of Employment and Labour (the Department) for not employing enough South African employees at their South African division.  In a statement issued by the Department on 11 February 2022, the Department confirmed that court action had been taken against Huawei […]

May employers make deductions to an employee’s remuneration?

12.01.2021 Shenaaz Padayachee // Interpak Books (Pty) Ltd 2014 (LC) Employers are often faced with instances where an employee’s actions have resulted in the employer incurring loss or damage. Instances where the employee is genuinely to blame, employers may wish to recover these losses or damages from the relevant employee. What right of recourse would […]

Appropriate vs inappropriate behaviour in the workplace: Sexual harassment

With the power of love making some silly, it is important to remember not to blur the lines (#queRobinThickeAndPharell) of appropriate and inappropriate behaviour within the workplace. While that special someone may be a co-worker, bear in mind that workplace romances may literally and figuratively end in tears. A co-worker may cry ‘wolf’ if the […]

ARE DISCUSSIONS DURING CONCILIATION PROCEEDINGS STRICTLY OFF THE RECORD?

September & others // CMI Business Enterprise CC [2018] ZACC Rule 16 of the Commission for Conciliation, Mediation and Arbitration (“CCMA”) confirms that the information discussed during conciliations is private and confidential and may not be disclosed in subsequent proceedings. However, the Constitutional Court (“CC”) has confirmed that in certain instances where it would assist […]

TRICKS AND TRAPS OF EMPLOYEES WORKING BEYOND RETIREMENT AGE

Did you know that South Africa has no legislated retirement age? That’s right. Often parties are left to agree on a retirement age. This could be done through either having an agreed retirement age recorded in an employment contract, a retirement age becoming an established practice through a policy or through a linked compulsory retirement fund.

However, what happens where none of the above are in place? How and who determines at what age an employee must retire?

EMPLOYEE BEHAVIOUR ON WORKPLACE WHATSAPP GROUPS AND OTHER SOCIAL MEDIA PLATFORMS

Nkuna // Outsurance Insurance Company Limited [2021] 4 BALR 408 (CCMA): Arbitration award There is no doubt that advancements in technology in recent years have drastically changed the working environment and created opportunities for a ‘gig economy’ to develop. The COVID-19 pandemic has also forced a change in the working environment resulting in the more […]