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01
Jun

0

DEAL CAUTIOUSLY WITH ABSENTEEISM

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 workforce this can constitute an extremely serious problem for the employer. […]

30
May

0

REFUSED PROMOTION CAUSES COMMOTION

Employees do not ordinarily have an automatic entitlement to a pay increase or to advancement up the corporate ladder. However, the Labour Relations Act (LRA) does allow employees who have been passed over for promotion to lodge an unfair labour practice dispute at the relevant bargaining council. Should the industry in question have no bargaining […]

24
May

0

EMPLOYERS HAVE CLOSE SHAVE WITH RELIGIOUS DISCRIMINATION

Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds One of these grounds is that of religion. This means that no employer is entitled to discriminate against an employee or applicant for employment purely on the grounds of the employee’s religion. For example, it would be discriminatory […]

25
Apr

0

EMPLOYMENT OF SEX OFFENDERS REGULATED

Certain employers could be prosecuted for employing sex offenders. The employment of certain sex offenders is regulated under chapter 6 of the Criminal Law Amendment Act 32 of 2007 (CLAA) and prohibits certain employers from hiring or continuing to employ sex offenders. For the purposes of this law “employers” are defined as those that employ […]

22
Apr

0

WITNESSES ARE KEY AT HEARINGS

Should an employer fail to bring any witnesses to a CCMA arbitration the employer’s representative will find it extremely difficult to win the case because witness testimony normally forms the crucial core of the procedure at any hearing. The procedural guidelines laid down require the arbitrator to start off by explaining the arbitration process and […]

28
Mar

0

LABOUR LAWS PROTECT NEW MOTHERS

Pregnant employees are strongly protected under South African law. There are no fewer than six pieces of legislation that require employers to treat pregnant and post-pregnant employees with the greatest of care. One of these pieces of legislation is the Code Of Good Practice On The Protection Of Employees During Pregnancy And After The Birth […]

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