At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness that it chooses to leave out…
Dirty hands will be canned at CCMA
In common law employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the normal pay date. The employer is also required to employ the employee in reasonable working conditions and to avoid rendering the…
Resignation with immediate effect cannot be used as a mechanism to escape disciplinary action
Labour Appeal Court (LAC) has finally resolved the debate as to whether an employee’s resignation with immediate effect negates an employers’ right to discipline an employee during their notice period. In the judgment of Standard Bank of South Africa Limited v Chiloane (handed down on 10 December 2020), the court confirmed an employers’ right to…
Cross-Examination is a Right
At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness that it chooses to leave out…
Dirty hands will be canned at CCMA
In common law employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the normal pay date. The employer is also required to employ the employee in reasonable working conditions and to avoid rendering the…
Corona Does Not Give Employer the Right to Retrench At Will
Retrenchments are a big part of the New Normal, but the new normal does not give employers the licence to retrench at will. When an employer contemplates retrenching employees it is strictly required by the Labour Relations Act (LRA) to consult first about this prospect before making any decision to retrench. Where the relevant employees…
The application of BBBEE prescripts when doing business with government by Corné Lewis and Neha Dhana (CDH)
Section 217 of the Constitution of the Republic of South Africa directs National, Provincial or Local spheres of Government, or any other institution identified in national legislation to contract for goods or services in accordance with a system that is fair, equitable, transparent, competitive and cost-effective. The Broad-Based Black Economic Empowerment Act 53 of 2003…
South Africa’s new personal information laws come into force 1 July 2020
South Africa’s Protection of Personal Information Act (Popia) will finally come into force on 1 July 2020. The Act has been put into operation incrementally, with a number of sections having been implemented in April 2014. The legislation aims to promote the protection of personal information processed by public and private bodies and seeks to…
The Autonomy of the New World of Work for the Workforce after COVID-19 Malebo Maholo (SABPP – February 27, 2020)
The new world of work has afforded many professionals ranging from Baby-Boomers to Generation Y’s with a spread of options of work, while their deliverables are ascertained by their nature of work. Although countless entrants and professionals may primarily opt to work on a full-time basis in organisations, the narrative that was previously held throughout…
MINIMUM WAGES
Employers and Employees need to understand the National Minimum Wage Act. (NMWA). The first anniversary for enactment of the NMWA has long gone and by now the initiation by DEL of the inspectorate program is well underway. The legislation provides for the creation of the National Minimum Wage Commission which is charged with the responsibility…