EMPLOYEES, AN EXPENSE OR AN INVESTMENT?

EMPLOYEES, AN EXPENSE OR AN INVESTMENT?

Where businesses and other organisations are unable to get work done by robots, they need to acquire the necessary skills by hiring staff. A key question then arises as to whether the money expended to acquire and retain these employee skills should be seen as an...
ABSENCE DOES NOT MAKE THE HEART GROW FONDER

ABSENCE DOES NOT MAKE THE HEART GROW FONDER

Ensure that the rights of absent employees are adhered to before dismissing The law considers absenteeism over short periods (a day or two) without leave or without good reason as minor misconduct. However, when even short periods of absence become the norm amongst a...
CROSS EXAMINATION IS AN ESSENTIAL TOOL

CROSS EXAMINATION IS AN ESSENTIAL TOOL

South Africa’s Constitution gives all accused persons the right to defend themselves. Cross examination is a key tool used for this purpose. It is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it...
CONSISTENT DISCIPLINE IS MOST IMPORTANT

CONSISTENT DISCIPLINE IS MOST IMPORTANT

The Code of Good Practice: Dismissal (the Code) in Schedule 8 of the Labour Relations Act (LRA) has been, in effect, provided for in section 188 (2) in Chapter 8 of the LRA. This chapter provides for this Code as part of its purpose of ensuring that employers accede...
UNCERTAINTY ON FAIRNESS OF DISMISSING ANTI-VAXERS

UNCERTAINTY ON FAIRNESS OF DISMISSING ANTI-VAXERS

Early in 2022 the Daily Maverick reported on a case where an employee was dismissed for refusing to be vaccinated against Covid. In that case Ms Mulderij applied for exemption from the employer’s vaccination policy on the grounds that the Constitution gave her the...
THE DANGEROUS DOZEN

THE DANGEROUS DOZEN

South Africa’s labour legislation was largely conceived by our country’s trade unions. As a result, the statutes heavily protect employees and, in particular, protects the jobs of workers. The Labour Relations Act (LRA) and its Schedule 8 fall short of prohibiting the...