Can fixed-term contracts automatically turn into permanent contracts?
In Department of Agriculture, Forestry and Fisheries v Teto and Others,1 the Labour Appeal Court (“LAC”) considered whether the termination of employees initially engaged on fixed-term contracts constituted a dismissal on the basis that the employees had become indefinitely employed when they were permitted to work beyond the expiry date in their fixed-term contracts. In this case, the employees had […]
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 […]
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 […]
Misconduct as a result of mental illness
In November 2013, the employee was charged with: Being absent for 17 days between 30 August and 5 November; Breaching the employer’s policy by failing to inform his manager of his absence; Insolence towards a superior; and Insubordination in that he refused to attend to a prisoner as instructed. The employee admitted all the transgressions, but defended his actions on the basis […]
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 […]
Unbearable working environments
Constructive dismissal is defined as a situation in the workplace, created by the employer, that renders the continuation of the employment relationship intolerable to the extent that the employee has no other option but to resign. In CEPPAWU & another v Glass & Aluminium, the Court explained it best, stating that constructive dismissal involves a resignation due […]