How to get your dismissal strategy right 2005-04-21 11:39:32
Apart from the legal complexity of how to fairly change terms and conditions of employment, many labour court decisions are forcing employers to walk a tightrope, writes Pierre Marais.Full Story...
Labour and recruitment gurus head to the Cape 2005-03-29 11:45:28
South African recruitment agencies will get a chance to showcase national labour practices at this year's CIETT conference in Cape Town.Full Story...
Labour law provides a shield for moms-to-be 2005-01-18 11:09:09
Labour legislation provides substantial protection for pregnant women. Ivan Israelstam looks at the fine print...Full Story...
Sick notes prove who's a drain on production 2005-01-13 11:08:36
An analysis of employee sick notes from an array of companies shows that although workers with chronic conditions like diabetes or depression are often seen as a drain on medical aids - they can be more cost-efficient and productive than their colleagues with no long-term health problems.Full Story...
Valid and invalid grounds for dismissal 2004-11-17 16:09:43
Dismissal and discipline disputes currently contribute to about 80 percent of all labour disputes, and companies are spending a vast amount of time putting out fires and dealing with the "reactive" side of industrial relations.Full Story...
The perils of hiring foreigners 2004-11-17 16:01:11
South African companies have been warned to be careful when employing foreign nationals or they may find their business facing the wrong side of the law.Full Story...
Late for work? The law is on your side 2004-10-24 14:15:18
Most problems resulting from employees who arrive late for work could be avoided if employers take timeous action, writes labour law expert Ivan Israelstam.Full Story...
LRA entrenches fair dismissal and discipline 2004-10-20 12:12:41
With South African law being highly enlightened on dismissals and discipline, it is vital for employers to understand the steps needed to get to those proceedings.Full Story...
Don't use retrenchment as a quick fix 2004-10-18 01:22:01
The CCMA has the laws of retrenchment well summarised on their wall notices, but employers often only get to see these summaries when it is too late, writes Ivan Israelstam.Full Story...
Setting an arbitration award aside 2004-09-27 08:32:39
An arbitration award is normally a win-lose decision and if an employer is ordered to reinstate or compensate an employee, the employer will clearly not be happy, writes labour law expert lvan lsraelstam.Full Story...
When is it fair to give boss the chop? 2004-09-13 09:05:27
What does the law allow you to do when your boss fails to do his job properly?Full Story...
HR: a mean, lean player's secret weapon 2004-09-09 07:43:29
Transformation and employment equity are without doubt the two big issues facing businesses. Strategic human resources management can play a vital role in this regard.Full Story...
When the office jokes get too blue 2004-09-06 06:29:41
Victims of sexual harassment in the workplace are not only limited to women or junior employees.Full Story...
Don't side with cheating colleagues 2004-09-06 09:30:00
Have you seen a colleague committing an act of misconduct? Be warned: according to case law, your boss has the right to fire you if you refuse to identify the perpetrator.Full Story...
Formalise disciplinary procedures 2004-09-06 06:38:46
There is a serious misconception that employers may not get external experts to chair disciplinary hearings. It is true that such experts might, under certain circumstances not be allowed to represent the employer (or the employee).Full Story...
Managing or firing poor performers 2004-07-28 09:30:00
Employers are, generally speaking, familiar with disciplinary procedures and find it easier to terminate services for misconduct than for incapacity.Full Story...
Fraudulent claims abound in CVs - report 2004-07-25 23:51:00
One in four CVs submitted by South African job seekers is said to contain some form of fraudulent claim, according to a recent article in Business Day.Full Story...
Companies must clarify leave policy 2004-07-07 10:14:00
Two recent court cases have confused the issue in respect of leave pay, specifically regarding accrued leave.Full Story...
CC service payments and employees tax 2004-07-05 07:56:00
Mrs X is a member of a close corporation (CC) that provides secretarial services to clients. It employs five other staff members, who are qualified secretaries and assist Mrs X.Full Story...
Pregnancy protection works both ways 2004-06-23 10:41:00
Traditional views about pregnancy and maternity are often associated with prejudice, writes Jan Truter of Labourwise, an on-line labour relations service that aims to assist entrepreneurs to implement effective labour relations in small businesses.Full Story...
Settle disputes, don't evade the issue 2004-06-21 07:33:00
The CCMA deals with over 100 000 dispute cases a year. Many more thousands of labour disputes are dealt with via numerous bargaining councils within specific industries.Full Story...
Attachment orders 'must be lawful' 2004-06-09 09:55:00
Employers who deduct money from employees in terms of Emolument Attachment Orders - commonly referred to as Garnishee Orders - must ensure the documents are lawful and are served personally by the sheriff, says Veliswa Baduza, the chief executive officer of the South African Board of Sheriffs.Full Story...
When employees get hurt at work 2004-06-07 09:13:00
Ms T was employed as a telesales assistant for Trident Steel. She started experiencing serious neck pains and her employer suggested that she see a doctor. This case reminds employers of their duty to properly consult with incapacitated employees about their ailments.Full Story...
Use employer's assets carefully 2004-05-31 09:26:00
Many employers are lenient in providing company time and assets for personal necessities, but there is a difference between use for necessity and abuse, says Tracey Czakan, MD of Kelly staffing organisation.Full Story...
Practical labour law tool for the workplace 2004-05-17 11:43:00
The book Employment and the Law: a practical guide for the workplace, by Helga Landis and Lesley Grossett, is a practical, process-orientated, guide for managers, human resources practitioners and trade union officials.Full Story...
Angst - and humour at the labour court 2004-05-12 10:40:00
Industrial relations in the workplace are often a source of conflict and disputes. But this need not necessarily be the case.Full Story...
Length of suspension open to interpretation 2004-05-12 10:40:00
The easy-to-use exercise of suspending employees pending an investigation or disciplinary hearing has quite a few legal pitfalls which employers should be aware of.Full Story...
Who pays tax for contract workers? 2004-05-10 10:34:00
'Ms Smith" runs "Smith's Secretarial Services" from home as a sole proprietor. She invoices clients at the end of each month and is paid a fee for every 100 words. Company X tells her its accountants has advised it must deduct tax from her fee, whereas other businesses have been happy to pay her without deduction.Full Story...
Explaining suspension 2004-04-28 10:48:00
Occasionally, employers deem it prudent to suspend employees from work either with or without pay. This means that an employer may not require an employee to come to work for a specified period to perform his or her contractual obligations.Full Story...
Risks in fixed-term contracts 2004-04-28 10:47:00
How does one get rid of an employee who does not meet the employer's expectations? The idea of a fixed-term contract might seem a good solution, but this approach is flawed, according to Professor Barney Jordaan of Jordaan Stander.Full Story...
Disciplinary code conundrum 2004-04-13 09:26:00
SPQR (Pty) Ltd (a fictional company) discovers one of its senior managers, Mr X, has been operating a complicated fraud scheme and wishes to discipline him.Full Story...
Companies 'must follow BEE Act' 2004-03-17 08:25:30
Complying with the Broad-based Black Economic Empowerment (BEE) Act is not just good law, it is good business.Full Story...
A guide to employing ex-convicts 2004-03-15 08:40:15
South African organisations are feeling the effects of crime. In many cases, and in line with current labour legislation, the job application process does not require employees to disclose criminal convictions.Full Story...
Get workers' agreement to changes 2004-03-08 08:40:14
Company A is in the retail business. When the business started, employees were required to work a five-day week from Monday to Friday. The requirements of the business changed and trade on Saturdays became the norm.Full Story...
Bad smell leads to fair dismissal of employee 2004-02-25 09:55:21
A client's recent problem raised interesting legal questions on how to dismiss a certain employee and whether it would be substantively fair.Full Story...
Employers can now appeal verdicts 2004-02-25 09:55:21
On occasion, employers are perturbed about the outcome of one of their internal disciplinary hearings and sense that they are helpless to do anything about it.Full Story...
Hearing 'not always needed' 2004-02-11 09:56:15
When conducting disciplinary hearing workshops around the country, I am frequently asked if an employer is entitled to issue an employee with a disciplinary warning without convening a formal disciplinary hearing.Full Story...
Rules of engagement 2004-02-11 09:41:14
Letters of appointment or contracts of employment are entered into between an employer and employee in terms of the provisions of the so-called common law contract of employment.Full Story...
Take legal steps to prevent staff 'theft' 2004-02-09 07:56:19
Topco is a successful business with a customer and supply network throughout South Africa, and it spends time and money on training its employees, whom it regards as its biggest asset. NewKid opened up in the same industry a few months ago.Full Story...
A question of good faith 2004-02-04 08:26:35
One of the most fundamental of employee common law obligations is, at all times in all circumstances, to further, protect and guard the interest of one's employer.Full Story...
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