QUANTIFYING COMPENSATION FOR UNFAIR DISMISSAL
The LRA provides the following remedies for an unfair dismissal: The employer to reinstate the employee on the same terms and conditions of employment before the dismissal. The employer to re-employ the employee, which may be on new terms and conditions of employment. The employer to pay compensation to the employee. If compensation is granted […]
You snooze you lose! Forfeiture of accumulated leave
For the few companies whose employees have managed to accumulate leave despite the past year of lockdowns and riots, it is prudent to undertake the exercise of monitoring leave accumulation. This can become a burdensome and onerous liability for an enterprise, if not managed appropriately. The catalyst of the debate over whether employees forfeit accumulated […]
RUE POSTS WHICH INCITE VIOLENCE ON SOCIAL MEDIA
Social media influences every facet of our daily lives, including the employment relationship. The right to freedom of expression and the right to privacy are popular defenses raised by employees in response to allegations of misconduct for making inappropriate remarks on social media platforms. The right to freedom of expression is derived from section 16 […]
Summary: New COVID-19 Health and Safety requirements for workplaces
On 1 October 2020, the Minister of Employment and Labour issued a consolidated directive on occupational health and safety measures in workplaces, in terms of the regulations of the Disaster Management Act. The consolidated directive retains the do’s and don’ts contained in directives issued previously, and introduces a few new features which require immediate administrative […]
Dismissal over chocolates
After 24 years of service, Ms Malukela (the employee) was dismissed over three boxes of chocolates. The employee was employed at Pick n Pay as an E-service manager. The position required the employee to operate a till and to train other cashiers on company policies and procedures, including those relating to returns, exchanges, and gifts. […]
Fathers can claim for parental leave benefits
The President proclaimed that effective 1 November 2019, fathers and adoptive parents may claim for parental leave benefits for ten consecutive days off work, from the Unemployment Insurance Fund. The Department of Labour shall determine the percentage contribution towards payment for parental leave benefits. Employers need to: amend their policies to provide for parental leave […]
IS YOUR ENTERPRISE GEARED FOR EMPLOYMENT EQUITY COMPLIANCE INSPECTIONS?
Employment Equity is an Employment and Labour Compliance issue unlike the parameters of B-BBEE legislation, modelled on Inter-Industry/State self-regulation and policing, non-compliance with the provisions of the Employment Equity Act (EEA) is a breach of an Employment law, enforceable by intervention by the State. The Department of Labour (DOL) is empowered to conduct inspections and […]