THE DIFFERENCE BETWEEN AN EMPLOYEE AND INDEPENDENT CONTRACTOR; WHICH ONE ARE YOU?
Independent Contractors frequently assume that they have signed employment contracts as Employees when in fact, they have signed Independent Contractor agreements with the company.
PREVENTION AND ELIMINATION ON HARASSMENT IN THE WORKPLACE: THE AMENDED CODE OF GOOD PRACTICE (EEA)
On 18 March 2022, Minister Thembelani Nxesi published the amended Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace in the Government Gazette Nr. 46056.
DISMISSAL DUE TO THE USE OF CANNABIS FOR MEDICINAL PURPOSES
Can a dismissal due to the use of cannabis for medicinal purposes in contravention of a zero tolerance policy be deemed as discriminatory and automatically unfair?
LEAVE POLICY
Employer’s leave policy not providing for paid leave for “ancestral calling”, does this leave policy unfairly discriminate against the employees’ on the basis of religious/cultural beliefs?
MANDATORY VACCINATION POLICY
Is it lawful for an employer to implement a policy to regulate under what circumstances employees would be allowed to access the employer’s premises during the Covid-19 pandemic?
THE EARNINGS THRESHOLD and NATIONAL MINIMUM WAGE INCREASE FOR 2022
The earnings threshold is the ‘dividing line’ where certain provisions of the Labour Relations Act (LRA), Basic Conditions of Employment Act (BCEA) and the Employment Equity Act (EEA) apply.
HOW TO DISTINGUISH BETWEEN MISCONDUCT AND POOR WORK PERFORMANCE
Schedule 8 of the Labour Relations Act makes provision for employers to dismiss employees under certain circumstances. Employers may address and dismiss employees for conduct, capacity or operational requirements.
FACTORS TO CONSIDER WHEN DEALING WITH PROBATION AND WORK PERFORMANCE
An employer may require a newly hired employee to serve a period of probation before the appointment is made permanent. The purpose of probation is to allow the employer an opportunity to evaluate the employee’s performance before confirming the appointment as per The Code of Good Practice
COULD EMPLOYEES CLAIM CONSTRUCTIVE DISMISSAL DUE TO A MANDATORY VACCINATIONS POLICY.
Mandatory vaccinations are currently a trending topic as the world battles Covid-19. In light of recent moves by employers implementing and others considering in implementing mandatory vaccinations against Covid-19, and in light of objections which have been raised against this by various individuals and groups, the question is raised as to whether the adoption of a mandatory vaccination policy could result in and entitle an employee to resign and claim constructive dismissal, due to intolerable working conditions as a result of a mandatory vaccinations policy.
AUTOMATIC TERMINATION CLAUSES AND POLYGRAPHS: THE VALIDITY & RELIABILITY THEREOF
In the matter of Mlangeni v Corporate Investigating and Veracity Assessments (Pty) Ltd [2021] 3 BALR 264 (CCMA) a security guard was dismissed for allegedly stealing stock from a client.