EMPLOYEE’S REFUSAL TO REPORT FOR WORK DURING LOCKDOWN
As the country moves from different levels of lockdown trying to limit the spread of COVID19, employers and employees find themselves caught in the balance of what is ‘reasonable’ when it comes to work.
CAN AN EMPLOYEE RESIGN WITH IMMEDIATE EFFECT WITHOUT SERVING NOTICE?
When an employee hands in an immediate resignation, does this mean the employment relationship ends immediately and can the employer insist that the employee serves his/her notice period?
CAN THE “CHUCKING” OF SICK LEAVE BE GROUNDS FOR A DISMISSAL?
Employers are constantly frustrated with employees who abuse the provisions of sick leave. Can the employer take disciplinary actions if the employee attended to his personal interests whilst booked off sick, even if the sicknote is valid?
New draft amendments to discrimination law – What it means for employers
As per the current draft amendments to the Promotion of Equality and Prevention of Unfair Discrimination Act , employers may be held liable in instances of discrimination committed by employees in the scope of their duties.
COVID-19 Positive, but at work…
In terms of the Occupational Health and Safety Act an employer has an obligation to ensure a safe working environment. In the matter Eskort Limited v Stuurman Mogotsi and Others (JR1644/20) which made headlines recently it was again shown how important the consistent application is of Covid 19 protocols in the workplace. The matter also confirmed the seriousness of non-compliance and that it could lead to the dismissal of employees.
Unlawful versus lawful salary deductions, know the difference
In this article we explore what the legal requirements are when deductions are made from an employees salary, other than statutory deductions such as UIF and PAYE.
Can disciplinary action be taken for misconduct outside the workplace and working hours?
The employer cannot regulate or control employees personal and private lives, however to what extent does the employer have a legal entitlement to proceed with disciplinary action for misconduct committed outside the scope of the workplace.
Non-renewal of fixed term or limited duration contract: Was there a dismissal?
Fixed-term contracts terminate automatically at the end of the agreed period, or upon the occurrence of a clearly specified date or event, or the completion of a specified task or project. And importantly, the contract must specify or indicate a justifiable reason for fixing the term. However can contraventions in terms of section 198 B, where applicable, be deemed as a dismissal, or where expectation was created of permanency or renewal of the contract on the same or similar terms
The difference between gross negligence and negligence
As imperfect human beings we turn to make mistakes while conducting our duties once in a while, perhaps as a result of a small distraction.
Is it fair to dismiss an employee for being absent for one day?
As absenteeism continues to be a problem in the workplace, employers might wonder if unauthorised absenteeism for one day may warrant a dismissal.