Author Archives: Andrea Miguel

Company Policies on Employees Accepting Gifts

Many employers implement restrictions on the acceptance of any gifts or favours from third parties such as clients or suppliers. It is not uncommon for these restrictions to be contained in disciplinary codes which prescribe general workplace conduct. Depending on the sector and nature of the work, the enforcement of these rules may vary and […]

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 […]

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 […]