THE RISK OF USING FIXED-TERM CONTRACTS FOR PERMANENT POSITIONS

THE RISK OF USING FIXED-TERM CONTRACTS FOR PERMANENT POSITIONS

South African employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts. A key reason for this is that employers do not understand the legal purpose of fixed-term contracts and the circumstances under which they are safe to...
VICTIMISATION VS INCOMPATABILITY

VICTIMISATION VS INCOMPATABILITY

Employees who lodge grievances OR CCMA disputes are too often victimized for exercising their rights. Such victimization often takes the form of dismissals for incompatibility. A case in point is the one of Jabari vs Telkom SA (Pty) Ltd (2006, 10 BLLR 924). Here, the...
DON’T DELAY DISCIPLINE

DON’T DELAY DISCIPLINE

In order to optimise the corrective effect of discipline it needs to be implemented as swiftly as possible. This does not mean that the disciplinary process must be carried out hastily. It does mean that, psychologically and legally, unnecessary delays must be...
JAILED EMPLOYEES STILL HAVE RIGHTS

JAILED EMPLOYEES STILL HAVE RIGHTS

Dismissing employees who have been arrested can be dangerous.​ It seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself’. However, this mistaken belief is born from wishful thinking. Reasons for such wishful thinking may...
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...