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 […]
Understanding restraint of trade when changing employment
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.
Why not knowing your company’s policies could cost your job
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.
PRESCRIPTION OF ARBITRATION AWARDS
FAWU obo Gaoshubelwe v Pieman’s Pantry (Pty) Ltd [2018] 6 BBLR 531 (CC) Is the Prescription Act 68 of 1969 (“PA”) compatible with the Labour Relations Act 66 of 1995 (“LRA”) and how does such (in)compatibility affect the prescription of arbitration awards? In the abovementioned matter Appellant, represented by the union, was dismissed for participating […]
RETRENCHMENTS – THE WHATs, WHENs AND HOWs Webinar
Justine presented a webinar in association with BAN discussing retrenchment which was hosted by Shane Webb. In the webinar, Justine discussed understanding the mechanism to safely and fairly reduce the size of one’s workforce to cut costs, or to restructure an existing organization to improve efficiencies is critical to all business owners, particularly in these […]
COVID-19 WORKPLACE HEALTH AND SAFETY PROTOCOLS MUST STILL BE TAKEN SERIOUSLY
Eskort Limited // Stuurman Mogotsi and 2 others JR1644/20 [2021] ZALCJHB 53 Introduction While many South Africans may have become desensitised to the current COVID-19 pandemic, the legislation implemented to protect employees within the working environment is still very much in force and must at all times be adhered to by employers and employees. The […]
RETRENCHMENT – DOES A FAILURE TO ACCEPT A CHANGE TO TERMS AND CONDITIONS OF EMPLOYMENT RESULT IN AN AUTOMATICALLY UNFAIR DISMISSAL?
National Union of Metal Workers of South Africa vs Aveng Trident Steel and another [2021] 1 BLLR 1 (CC) Introduction Does the refusal by an employee to accept a change to terms and conditions of employment as an alternative to retrenchment constitute a “refusal to accept a demand in respect of any matter of mutual […]
RESIGNATION WITH IMMEDIATE EFFECT TO ESCAPE DISCIPLINARY ACTION
Standard Bank of South Africa Ltd v Nombulelo Cynthia Chiloane [2021] 4 BLLR (LAC) The employee mistakenly processed a fraudulent check resulting in the loss of approximately R30 000.00 for which the employer was held liable. The employer issued the employee with a notice to attend a disciplinary hearing whereafter the employee handed in her […]
The Uber SA Case
Justine Del Monte was interviewed on Power FM and Smile FM regarding the Uber SA case of whether drivers are employees or not, and thus have rights to any more benefits. Please listen below: Power FM https://www.gate5.co.za/read/119512/qv/91351527/17479321/32579/p Smile FM https://www.gate5.co.za/read/119512/qv/91359101/17479464/32579/p If you have any questions related to this case please contact our offices at 021 […]
LOCKDOWN PROS & CONS
PROS AND CONS EXPERIENCED BY EMPLOYERS AND EMPLOYEES DURING LOCKDOWN We can say with a great amount of certainty that when President Ramaphosa informed the country of the national lockdown most employers and employees were unprepared for the challenges associated with the lockdown. Notwithstanding the challenges, many companies found their footing a few months down […]