Festive Season Challenges in the Workplace: Alcohol testing

SA Case Law: Samancor Chrome Limited (Western Chrome Mines) v Willemse and Others (JR312/2020) ZALCJHB 150 (29 May 2023) Review of arbitration award finding employee’s dismissal unfair – employee testing positive for alcohol on breathalyser tests in breach of zero tolerance policy – result of blood-alcohol test, together with expert evidence, did not definitively…

Main Agreement Annual Shutdown Provisions

The date of the annual shutdown is determined by the company’s management,and should be as similar as possible to the previous year’s annual shutdowndates.The annual shutdown must in total, amount to three consecutive weeks’ paidleave taken over an unbroken period and include four weekends. In addition, thethree weeks’ leave must be extended with full pay…

Unfair dismissal dispute: Arbitration Award-NBCRFLI

BACKGROUND OF THE DISPUTE: This matter was referred to the Bargaining Council for conciliation on 27 March 2023as an alleged unfair dismissal dispute. A conciliation hearing was scheduled for 08 May On that day the matter remained unresolved and a certificate to that effect wasissued. The applicants filed a request for arbitration on 11 May…

Harassment in the Workplace – Employers to take note of their obligations under the new Code of Good Practice

The Minister of Employment and Labour has published the new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (the Code) in terms of the Employment Equity Act (EEA). The Code became effective on 18 March 2022 and repealed the Amended Code of Good Practice on the Handling of Sexual…

CODE OF PRACTICE: MANAGING EXPOSURE TO SARS-COV-2 IN THE WORKPLACE, 2022

Notice is hereby given that the Code of Good Practice: Managing Exposure toSARS-CoV-2 in the Workplace set out in the Schedule is issued by the Ministerof Employment and Labour after consideration by NEDLAC in terms of section203(2A) of the Labour Relations Act, 1995 (Act No. 66 of 1995) to take effect onthe date of the…

Mandatory vaccination: What has the new Code of Practice changed?

On 15 March 2022, the Department of Employment and Labour issued a Code of Practice on managing exposure to COVID-19 in the workplace (the “New Code”). The New Code is to take effect on the date that the Declaration of a National State of Disaster lapses. On the same date, the Declaration of a National…