Disposing with pre-dismissal procedures
Section 4(4) of the Code of Good Practice (Schedule 8 of the LRA) provides that: “In exceptional circumstances, if the employer cannot reasonably be expected to comply with these guidelines, the employer may dispense with the pre-dismissal procedure.” The Code however does not elaborate on what would be considered exceptional circumstances. Through case law, however, […]
Accumulation and forfeiture of annual leave
One of the questions employers are often faced with in the employment relationship relates to the accumulation of annual leave, and more specifically, what happens when employees do not take the leave that they are entitled to as per their statutory rights. The issue may seem to be an easy one, but in light of […]
Admissibility of evidence in a disciplinary inquiry
The term admissibility means refers to ‘the quality of being acceptable or valid, especially as evidence in a court of law.’ Though the Code of Good Practice outlines that a disciplinary hearing should be conducted with less legal formality than in a court of law, the evidence submitted during the hearing should, at the very […]
Accumulation and forfeiture of annual leave
One of the questions employers are often faced with in the employment relationship relates to the accumulation of annual leave, and more specifically, what happens when employees do not take the leave that they are entitled to as per their statutory rights. The issue may seem to be an easy one, but in light of […]
Is depression a ground for discrimination?
In a matter of Legal Aid South Africa v Jansen, the Labour Appeal Court had to decide whether the Employer’s decision to dismiss Mr Jansen, who was struggling with depression and continued being absent from work a result thereof, was fair. Mr Jansen argued that his behaviour was a result of his deteriorated mental health. […]
Getting technical with disciplinary hearings
When an employer institutes a disciplinary hearing against an employee, the employee is entitled to know and understand the nature of the charge(s) against him/her. As the employee has a right to answer or provide an explanation to the charge(s) against him/her (known as the audi alteram partem rule), employers need to make sure that […]
Violence and looting – What to do when your employees have been involved
With looting and violence severely impacting certain parts of South Africa in June 2021, many businesses are facing great challenges on various fronts. In light of the recent civil unrest, many employers have been faced with the question as to whether they are entitled to dismiss their off-duty employees for their participation in the looting and violence. In most […]
New rights for fathers, adoptive parents and commissioning parents
In a welcoming and long-awaited move, President Cyril Ramaphosa signed the Amendment of the Labour Law Act into law on 28 November 2018, giving parents, particularly fathers of newborn children, adoptive parents and commissioning parents, the right to ten consecutive days parental leave. This new law took effect on 1 January 2020. This new law […]
Does an employee have the right to freedom of religion?
The Constitution of the Republic of South Africa, 1996, is the supreme law of the land and all conduct and legislation must comply with it. The Bill of Rights contained in chapter 2 of the Constitution is often described as the cornerstone of our democracy and we must all respect and protect the rights enshrined […]
Are smart contracts the smart solution?
Smart contracts are agreements that self-execute without any human intervention when the conditions, as specified in digital form, are met. Blockchain, a decentralised digital ledger that records transactions in different participating computers in order to verify and legitimise transactions, increasingly serves as the technological framework for smart contracts. Ethereum is one of the leading blockchain […]