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 […]
Category Archives: Resource
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 […]
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 […]
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 […]
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 […]
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?
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 […]
We have experienced a marked increase in clients seeking legal advice on how lawfully and fairly to deal with employees in the workplace who may be suffering from a mental health illness or experiencing difficulties, which are in turn negatively impacting on their behaviour and/or performance. While mental health related issues in the workplace are […]
When moving employment between employers within the same industry, who may be competitors, it is important to first consider the impact any existing restraint of trade may have on the employee and his/her new employment.
Did you know that company policies do not have to be incorporated into employment contracts in order to be valid and binding on employees?
Employees often regard company policies as being unimportant or not applicable to their employment relationship because these policies do not form part of their signed employment contract. This is not correct.
