Click to connect with us on LinkedIn or Facebook | Office: (011) 888-7944

03
Aug

0

DISMISSING ILL/INJURED EMPLOYEES CAN HAVE SICKENING RESULTS

The August winds are spreading infections amongst and workplace absenteeism is rife. The challenge for employers is to distinguish the genuine cases of illness from those where employees are just sick of working.   The Labour Relations Act (LRA) requires that employer’s may consider dismissing employees incapacitated by illness or injury only as a last […]

27
Jul

0

SANGOMAS NOT YET REGISTERED TO PROVIDE MEDICAL CERTIFICATES

Confusion abounds as regards whether employers are required to accept medical certificates from traditional healers. The causes of this confusion are as follows: Firstly, the Traditional Health Practitioners Act No. 22 of 2007 was signed into law in 2008 Secondly, the Traditional Health Practitioners Council (THPC) constituted in terms of this Act has already been […]

18
Jul

0

UNPLEASANT CCMA SURPRISES FOR EMPLOYERS

BY   lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web address: www.labourlawadvice.co.za. This article first appeared in The Star. A while ago I received a panic phone call from an employer who had received an unfavourable arbitration award in respect […]

15
Jun

0

ALLOW EMPLOYEES TO ATTEND THEIR DISCIPLINARY HEARINGS

Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the requirements for rendering dismissals procedurally fair. Countless case law decisions […]

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. […]

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 […]

21
Mar

0

DISMISSING ALCOHOLICS/ADDICTS CAN BE COSTLY

It is legally very dangerous for employers to to discipline and fire employees who commit offences due to illness or disability. For example, an employee who uses alcohol or narcotics and becomes addicted is legally classified as being ill and is protected by law.   Section 6 of the Employment Equity Act prohibits unfair discrimination […]

07
Mar

0

INVESTIGATING MISCONDUCT IS A MUST

Most managers are busy people and therefore claim nor to have time to investigate reports of misconduct or poor performance. It is often for this reason that managers may implement discipline hastily without first investigating the validity of the reports. This may occur due to feelings of anger or to ignorance of the labour law […]

22
Feb

0

BEWARE OF RETRENCHMENTS FOR POOR PERFORMANCE

The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. For instance, it is not normally acceptable to use the procedure laid down for retrenchments in order to deal with poor work performance.   However, while retrenchments and poor performance terminations should […]

Page 1 of 2