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…

Forced Sick Leave and 3 other things South African Employees should know about the Covid-19 Corona Virus

Law firm Webber Wentzel said that the Occupational Health and Safety Act places an express obligation on the employer to maintain a working environment that is safe and healthy. “On the issue of a healthy working environment, the employer must ensure that the workplace is free from any risk to the health of its employees…

Can an Employee Resign to Avoid Disciplinary Action?

Employers often ask about the legal rules that apply in the situation where an employee chooses to resign rather than to face a disciplinary hearing.  The starting point is that Employers are legally permitted to discipline their employees when they commit misconduct.  If found guilty thereof, the employee’s employment record will be tarnished, and it…

‘Substantively unfairly dismissed’ employees may not always be reinstated

Sections 193(1) and (2) of the Labour Relations Act list a hierarchy of remedies available to employees who are found to have been substantively unfairly dismissed in arbitration hearings. On the one hand retrospective reinstatement is a remedy limited to cases of substantively unfair dismissal.  On the other hand, identifies procedural unfairness qualifies for financial…