Articles Labour

25/10/2011
ACCOMODATING CULTURAL BELIEFS AND INDIGENOUS CUSTOMS	- Barney Jordaan
Should an employer try to accommodate an employee’s request for leave of absence to be trained as a traditional healer, where the period of absence may be as long as one month or longer? Or to grant leave in excess of the family responsibility leave available to an employee so that she can fulfil her obligation to arrange for a family member’s funeral?

16/09/2011
TRASHING YOUR BOSS ON FACEBOOK	- Jan Truter
Social networks, such as Facebook, serve as a useful vehicle for sharing one’s personal views. It can also have unexpected and unfortunate ramifications. One example is when an employee makes use of a social network to air his views about his or her employer.

11/07/2011
AFFIRMATIVE ACTION: WHERE THE LAW STANDS AT PRESENT	- Prof. Barney Jordaan
The recently proposed amendments to the Employment Equity Act (‘EEA’) created much discussion and concern. The concern arose from both the substance of some of the proposals and the poor manner in which they were drafted. For now it would appear that the proposed changes (as well as proposed changes to the LRA and the BCEA) will not be passed in law in their current form. We are likely to see, at some point in the not too distant future, better considered and drafted proposals for change.

13/06/2011
PROSPECTIVE EMPLOYEE’S DUTY TO DISCLOSE INFORMATION	- Jan Truter
There is a fair chance that a job seeker has left the employment of the former employer on bad terms. Whatever the circumstances, the applicant is faced with the difficulty that volunteering such information could harm the prospects of getting a new job. The job seeker may get away by being scant on detail in the CV. Being evasive during the job interview is likely to be more problematic. But how far does the duty to disclose go?

10/05/2011
NO EASY WAY OUT FOR LABOUR BROKERS	- Prof. Barney Jordaan
Employers engage temporary employment services (‘TES’ or ‘labour brokers’) for various reasons, one being the relative ease with which under-performing or misbehaving placements can be replaced. Unless there is a contractual provision between the client and the TES, which limits the client’s ability to demand replacements, the client is king. As the law stands at present, [...]

18/02/2011
AMENDMENTS TO LABOUR LEGISLATION: WHAT SHOULD EMPLOYERS BE DOING RIGHT NOW?	- Jan Truter
While the proposed amendments to labour legislation have attracted significant media attention, many refinements can still be introduced before the amendments reach the statute book. Even so, employers should be mindful that they will be facing far-reaching changes to the current labour law dispensation. So what could and should employers do at this stage to be better prepared for these changes?

20/09/2010
KEEPING UP WITH EMPLOYMENT EQUITY	- Prof Barney Jordaan
Complying with the Employment Equity Act (EEA) is not merely a mechanical process. There are indeed some procedural requirements, but in assessing compliance consideration must be given to whether ‘sufficient progress’ has been made with the …

05/08/2010
Dismissing imprisoned employees	- Prof Barney Jordaan
What are the principles involved and how should an employer approach the matter?

18/06/2010
Electronic communication and employee privacy	- Jan Truter
When employees send e-mails, they don't always anticipate where an e-mail might eventually end up. What about their righht to privacy?

17/05/2010
Not allowed to dismiss a thief?	- Prof Barney Jordaan
In Shoprite Checkers (Pty) Ltd v CCMA & Others the LAC held essentially that theft should be treated like all other forms of misconduct and that mitigating factors must also be taken into account.

28/04/2010
Explanatory notes: Wholesale & Retail Contract of Employment	- by
Explanatory notes

18/01/2010
Retrenchments become tricky	- by Prof Barney Jordaan
Retrenching employees has been regarded as a relatively straight-forward process. However, recent judgements have shown that the requirement of fairness stretches beyond the text of legislation.

17/11/2009
Dealing with desertion	- Jan Truter
When an employee is absent for several days without communicating with the employer, the incorrect assumption is often made that the employee has deserted and has therefore dismissed himself.

23/09/2009
Dealing with mental illness in the workplace	- Prof Barney Jordaan
Managing a situation involving an "invisible" illness, e.g. depression, can be challenging, as the employer in Marsland v New Way Motor& Diesel discovered.

07/08/2009
Implications of Women's Day falling on a Sunday.	- None
Should Monday be regarded as a public holiday instead o Sunday, or should both Sunday and Monday be regarded as public holidays?

29/07/2009
Don't chew your disciplinary charges.	- Jan Truter
Disciplinary charges can inevitably cause tension between employer and employee. The employee nevertheless has a duty to show respect for as long as the employment relationship continues.

10/07/2009
New minimum rates for the hospitality industry.	- by
As from 1 July 2009, the minimum wage rates in the hospitality sector are set to increase by 11.1% (i.e. the CPIX rate of 9.1% plus 2%).

03/07/2009
Dishonest job applicants	- Jan Truter
Not everyone applying for a new job has left the previous employer on good terms. How many details of the applicant's employment history should be disclosed to the prospective employer?

05/05/2009
Protecting witnesses in disciplinary hearings.	- Barney Jordaan and Elsa Huysamen
What does one do with whistleblowers who refuse to testify in a disciplinary hearing because they fear intimidation?

16/03/2009
Red lights flashing for labour broking.	- Prof Barney Jordaan
The sensitive issue of the use of labour broking services has once again been raised after a recent finding of the High Court of Namibia. What are the implications for employers in South Africa?

20/02/2009
Failure to promote: A potentially unfair Labour Practice	- Prof Barney Jordaan
While it is generally recognised that the decision not to promote is the employer's prerogative, employers often don't realise that the failure to promote may amount to an unfair labour practice.

06/01/2009
Contracting via SMS	- Jan Truter
It is often assumed that a contract of employment has to be in writing to be valid. What about offers of employment via SMS?

03/11/2008
The many faces of resignation	- Prof Barney Jordaan
Can an employer deduct monies from an employee's salary if the employee fails to give proper notice of resignation? Does verbal resignation suffice or should it be in writing? More questions answered.

09/09/2008
Fixed-term contracts: What happens if the employee works beyond the expiry date?	- Jan Truter
It often happens that an employee who has been appointed on a fixed-term contract is allowed to continue working beyond the expiry date. What is the employee's status after that date?

23/07/2008
Use or abuse? Allowing employees to use company assets.	- Prof Barney Jordaan
The unauthorised personal use of company assets by employees is a growing and ongoing problem, and the greatest area of concern is usually the abuse of company telephones. How can this be contained?

24/06/2008
New minimum wages for the hospitality industry.	- by
New minimum wages for the hospitality industry.

05/06/2008
When xenophobia reaches into the workplace.	- Jan Truter
Can disciplinary action be taken against staff that threaten or assualt fellow employees outside the workplace?

05/05/2008
Employers' liability for their employees' wrongful acts.	- Prof Barney Jordaan
In terms of our common law, there is a price that the employer has to pay for being able to issue instructions and exercise control over its employees while the latter are going about their duties.

09/04/2008
Collective cover-up leaves no place to hide.	- Jan Truter
Where individuals within a group of employees have committed misconduct, members of the group may refuse to give information to assist in identifying the culprits. What action can be taken?

17/03/2008
No need to panic about public holidays on 21 March 2008	- By Labourwise
On Friday, 21 March 2008, we have the unusual situation that two public holidays, namely Good Friday and Human Rights Day, fall on the same day. This day should be treated as a normal public holiday.

04/03/2008
Misconduct: The importance of clear and known rules.	- Prof Barney Jordaan
The key difference between misconduct and incapacity lies in the fact that the former involves intentionally or negligently breaking the work place rules.

27/02/2008
New earnings threshold from 1 March 2008.	- by
Certain provisions of the BCEA of 1997 pertaining to working timedo not apply to senior managerial employees or mployees who earn in excess of certain amount per year(the "earnings threshold")

29/01/2008
Power outages - must employees be paid?	- Jan Truter and Barney Jordaan
Now that the country is facing a national crisis, we revisit the question about the entitlement of employees to full pay if their working hours have been reduced as a result of power outages.

22/11/2007
Waiving rights to maternity leave.	- Jan Truter
An employee's right to maternity leave could pose operational problems for an employer, particularly for a small business. But how far can the employer go to protect its business interests.

09/10/2007
The employee’s duty to be a whistleblower	- Prof Barney Jordaan
Can an employer discipline an employee for failing or refusing to disclose information about the illegal activities of a colleague?

05/09/2007
False accusations of racism	- Prof Barney Jordaan
A black employee falsely accuses a white employee of racism and gets fairly dismissed

23/07/2007
AGREEMENT TO TERMINATE EMPLOYMENT DUE TO PREGNANCY	- Jan Truter
Our Constitution protects pregnant employees against unfair discrimination. But can an employer and employee enter into an agreement that employment will be terminated if the employee fall pregnant?

18/06/2007
New contracts necessary in Hospitality/Catering Industry	- Jan Truter
There is limited time available for employers in the hospitality trade to ensure that they get their contracts of employment in order.

17/05/2007
Hospitality/Catering Industry: New conditions could have severe cost implications	- Jan Truter
As from 1 July 2007 significant changes will be introduced to the hospitality industry. It stipulates minimum wages and other changes in conditions of employement.

08/05/2007
Fixed-term contracts: Do frequent renewals result in permanent status?	- Prof Barney Jordaan
Many employers believe that someone who has been appointed on a fixed-term (or temporary) contract has to be appointed permanently after a certain number of renewals. This is not neccessarily so.

16/03/2007
Dismissal for absenteeism due to HIV/AIDS	- Jan Truter
Dismissing an employee for absenteeism can be problematic when it appears that the actual reason for the absence was a chronic medical condition like HIV.

08/02/2007
Retrenchment disputes: Termination notices may be invalid	- Prof Barney Jordaan
Retrenching employees is no simple matter. A recent Labour Court case has indicated that in the case of large-scale retrenchments, there is even a greater burden on employers than previously thought.

15/12/2006
WHEN RELIGION AND REQUIREMENTS FOR GROOMING CLASH IN THE WORKPLACE	- Jan Truter
Religious freedom is a basic constitutional right. However, when an employee insists on exercising that right in the workplace it might become a sensitive and controversial matter

25/10/2006
How to introduce changes in the workplace.	- Barney Jordaan
How does an employer introduce changes that are not to the employees' advantage without damaging the employment relationship or facing legal challenges.

19/09/2006
The status of public holidays falling on Sundays	- Helena Janisch
If a public holiday falls on a Sunday, the next Monday is a public holiday in terms of the Public Holidays Act. What are the consequences for businesses whose employees routinely work on Sundays?

07/09/2006
DEMOTION OF EMPLOYEES WITH DISABILITIES	- Helena Janisch
Employers are encouraged by the LRA to accommodate employees with medical problems that affect their ability to perform at work.Can an employer demote an employee with a disability?

24/07/2006
REMARKS ABOUT BOERS AND INDIANS CAUSE FRACAS IN THE WORKPLACE	- Jan Truter
The remark “...’n Boer maak 'n plan, but an Indian is born with a plan”, might evoke a chuckle, annoyance or even anger, but seldom indifference. It can also cost you your job.

21/06/2006
Dismissing an imprisoned employee	- Barney Jordaan and Ramula Patel
An imprisoned employee is unable to fulfil his or her contractual obligations in terms of the employment contract. But is this a sound basis for dismissing the employee?

26/05/2006
PROCEDURAL FAIRNESS IN DISCIPLINARY HEARINGS	- Jan Truter and Barney Jordaan
Does a disciplinary hearing have to be conducted like a criminal trial? The Labour Court has indicated a different approach.

02/05/2006
PUBLIC HOLIDAYS FALLING ON SUNDAYS	- Labourwise
Is it substituted by the public holiday on the Monday and therefore ceases to be a public holiday? Or is the Monday also a public holiday in addition to the Sunday?

30/03/2006
Retrenchments: the employer’s obligation to offer alternatives	- Helena Janisch
How far must an employer go in offering alternative positions to employees during a retrenchment process?

27/02/2006
POWER OUTAGES – MUST EMPLOYEES BE PAID?	- Jan Truter
Are you in the dark about paying your employees during the power failures? Read here how to deal with the issue.

27/02/2006
POWER OUTAGES – MUST EMPLOYEES BE PAID?	- Jan Truter
If your operation cannot afford to stop production on 1 March 2006, follow these guidelines!

27/01/2006
DISMISSAL FOR REFUSING TO SIGN A CONTRACT	- Jan Truter
Employers are often at a loss when an employee refuses to sign a contract of employment. Can the employee be disciplined or dismissed? What other measures are available to the employer?

05/12/2005
Epilepsy, incapacity and safety hazards: TA fit in the factory: Epilepsy and he employer’s dilemma	- Helena Janisch
An employer faces a dilemma where an employee suffers from a medical condition that could be a health or safety hazard.

02/11/2005
Dagga: Whose problem is it really?	- Jan Truter
An employee arrives at work under the influence of dagga. Find out what to do if his or her problem becomes your problem.

02/11/2005
Dagga: Whose problem is it really?	- Jan Truter
An employee arrives at work under the influence of dagga. Find out what to do if his or her problem becomes your problem

30/09/2005
Suspension as a disciplinary penalty	- Prof Barney Jordaan
It happens from time to time that the employer is unhappy with the outcome of a disciplinary hearing chaired by a line manager or independent outside party. Can the employer nullify the proceedings?

31/08/2005
Polygraph controversy continues	- Helena Janisch
In a recent case the arbitrator affirmed that the outcome of polygraph tests may be taken into account when other grounds for believing that the employee has been dishonest is present

07/07/2005
BUSINESSES PAY FOR THE SINS OF THEIR EMPLOYEES	- Jan Truter
There is nothing new about the fact that employers can be sued for damages suffered by others due to the fault of their employees. It is referred to as the rule of vicarious liability...

02/06/2005
Stress-- related absenteeism not always valid reason for dismissal	- Prof Barney Jordaan
Stress can render an employee incapable of doing the job. It can also cause regular absenteeism. Where the stress is work-related, however, extra care needs to be taken before considering dismissal.

22/04/2005
E-MAIL ABUSE AT WORK: WHEN A JOKE IS NO LONGER A JOKE	- Jan Truter
Just about every person who has access to e-mail has received a joke of a racist or sexual nature. The abuse of e-mail can pose a serious risk to the employer

09/03/2005
USING STATEMENTS FROM COMPLAINING CUSTOMERS IN DISCIPLINARY HEARINGS	- Prof Barney Jordaan
A customer lodged a serious complaint against one of my employees. How do I deal with this evidence in a disciplinary hearing?

03/02/2005
THE COMPETENT EMPLOYEE WHO IS A MISFIT THAT DOES NOT FIT IN	- Jan Truter
What should be done in the case of a competent employee with unusual personality traits or other qualities that cause the employee to be incompatible in the working environment?

13/12/2004
LEGAL REPRESENTATION IN DISCIPLINARY HEARINGS	- Prof Barney Jordaan
Much has been said of late about a new decision of the Supreme Court of Appeals dealing with the question whether employees are entitled to legal representation in disciplinary hearings.

19/11/2004
THE CHALLENGES OF DEALING WITH AN INCOMPETENT EMPLOYEE	- Jan Truter
How do you tell an employee that he/she appears to be incompetent without negatively affecting attitude? This is one of the reasons why employers avoid taking action against poor performing employees.

08/10/2004
OUTSOURCING: THE PRO’S AND CON’S	- Prof Barney Jordaan
Outsourcing is a new buzzword that, on the face of it, holds the promise of flexibility and profitability. But there may be several disadvantages that are not all that obvious.

03/09/2004
Suspension as a disciplinary penalty	- Jan Truter
Under what circumstances may suspension without pay be used as a penalty or corrective action? It is a less common practice because of uncertainty about when and how to apply it.

05/07/2004
Retrenching for the wrong reasons	- Prof Barney Jordaan
Poor work performance is often difficult to pin down.Retrenching the employee might seem like an easy way out, but can this be done legally and fairly?

14/06/2004
VENUS FLYTRAP: PREGNANCY AND MATERNITY IN THE WORKPLACE	- Jan Truter
Traditional views about pregnancy and maternity are often associated with prejudice. The law protects women against unfair discrimination arising from such prejudice.

21/04/2004
PROBATION DISGUISED AS A FIXED-TERM CONTRACT	- Prof Barney Jordaan
How does one get rid of an employee who does not meet the employer’s expectations? The idea of a fixed-term contract might seem a good solution, but this idea might be flawed!

17/03/2004
WHEN THE ELDERLY EMPLOYEES STEP DOWN: RETIREMENT OR DISMISSAL?	- Jan Truter
Some people are quite happy to retire at the earliest possible opportunity. Others simply don’t want to let go. What should an employer do when faced with this very sensitive scenario?

02/02/2004
STOCK LOSS AND COLLECTIVE RESPONSIBILITY	- Prof Barney Jordaan
What must I do if a number of employees are collectively responsible for stock losses? There is a way to resolve this tricky scenario.

16/10/2003
Resignation in the face of discipline	- Jan Truter
It is not uncommon for an employee to resign in the face of a disciplinary hearing. Can the employer offer resignation as an alternative to disciplinary action?

16/07/2003
Consistency in dismissal for theft	- Jan Truter
The imprtance of being consistent in applying discipline cannot be over-emphasised.

12/06/2003
Medical certificates: Dispelling the myths	- Prof Barney Jordaan
If your employee comes back from sick leave with a sick note, it does not necessarily mean you have to accept it.

12/05/2003
THE COMPETENT EMPLOYEE WHO IS A MISFIT THAT DOES NOT FIT IN	- Jan Truter
Labour laws are there to protect all workers. Senior managerial employees and high earners do not enjoy the same protection as other employees..

07/04/2003
HIV TESTING IN THE WORKPLACE	- Jan Truter
The extent of the prohibition on HIV/Aids testing of employees has caused widespead concern. Here are some pointers for employers.

25/02/2003
PROMOTION OF ACCESS TO INFORMATION: MORE INFORMATION PLEASE!	- Jan Truter
If you are in the dark about the new legislation, read this and follow the link in our

03/01/2003
Amendments to labour legislation during 2002: Can employers still be pro-active?	- Jan Truter
An overview of some of the changes in labour legislation in 2002. Some practical guidelines on implementation.

04/12/2002
DESERTION: THE CORRECT APPROACH	- Jan Truter
With the end of the year around the corner, some employers face the prospect of employees going on leave and not returning on the due date or not returning at all. What do you do?

31/10/2002
SEXUAL HARASSMENT AND THE EMPLOYER'S RESPONSIBILITY	- Jan Truter
If you or one of your employees have referred a case to the CCMA, be aware! In certain cases conciliation and arbitration can now take place on the same day.

02/10/2002
RETRENCHMENT: ROCKY ROAD FOR EMPLOYERS	- Jan Truter
This is for those of you that employ more than 50 employees

03/09/2002
New labour legislation: PROBATION CLARIFIED	- Jan Truter
Many myths surround the concept of

03/09/2002
New labour legislation: PROBATION CLARIFIED	- Jan Truter
Retrencment is always an emotional process, but there are clear guidelines on how to go about it.

02/08/2002
TRANSFERRING YOUR BUSINESS – SIMPLIFIED OR COMPLICATED?	- Jan Truter
One of the most significant amendments to the Labour Relations Act that became effective on 1 August 2002, relates to the transfer of business as a going concern. Here are some pointers...

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