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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 […]

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 […]

14
Mar

0

THE LABOUR DISPUTE SYSTEM – HOW IT WORKS

The Labour Relations Act of 1995 (LRA) makes it very easy for employees to challenge alleged unfair dismissals and other unfair practices at private or statutory dispute resolution forums. Such disputes may, by agreement, be dealt with via private (non-statutory) dispute resolution forums such as AMSA, AFSA, Tokiso and others. On the other hand the […]

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