Cannabis in the Workplace: Navigating the Complexities of Employee Rights and Workplace Safety.
In recent years, the evolving legal landscape surrounding cannabis use in South Africa has presented unique challenges for employers, particularly in balancing employee rights with workplace safety and compliance. The case of Marasi v Petroleum Oil and Gas Corporation of South Africa is a landmark decision that sheds light on these complexities. In this case, […]
Temporary Employment Services: Understanding the Real Employment Relationship.
The Labour Court’s decision in Vuyiseka Mzukwa v Commission for Conciliation Mediation and Arbitration and Others brings to light the critical need to assess the true nature of employment relationships. Even if a service provider claims to be independent, factors such as control and integration into the client’s operations may reveal that they are, in […]
Unfair Labour Practice: Ensuring Fairness in Promotions.
The case of Department of Higher Education and Training v Commissioner Smiza and Others highlights the delicate balance employers must maintain when exercising discretion in their recruitment and promotion processes. This case, centred on an appeal concerning unfair labour practices related to promotion, serves as a crucial reminder of the importance of fairness and adherence […]
To Bump Or Not to Bump.
The dismissal of employees for operational reasons, commonly known as retrenchment, is covered by s189 of the Labour Relations Act. Section 189(2)(a) “requires the employer and other consulting parties to engage in a meaningful joint consensus-seeking process and attempt to reach consensus on appropriate measures to . . . avoid or minimise . . . […]
ZERO-TOLERANCE APPROACH SHOT DOWN
Article by Jan Truter. A ‘zero-tolerance’ approach towards employees who are under the influence of alcohol and other intoxicating substances is a fairly common phenomenon in the workplace. However, some workplace policies go so far as to prohibit the mere presence of alcohol or drugs in their employees’ systems/bodies. But is a blanket prohibition appropriate? […]
IS IT THE END OF B-BBEE? BY DAWIE BRINK FROM CORES.
Sakeliga’s recent victory in the Constitutional Court against “B-BBEE”, has captured the attention of business South Africa, and the question on everyone’s lips is: “Does this ruling mean the end of B-BBEE?” The short answer is: No. The longer answer is that this ruling will only benefit entities that deal with government and government tenders. […]
Potential fines of R1.5 million looming as DG reviews on EE targets are on the rise
By Dawie Brink: BBBEE consultant at Cores According to the Employment Equity Amended Act of 2013 – Section 20 (gazetted on the 16th of January, 2014), designated employers are required to prepare and implement an Employment Equity Plan and submit an Employment Equity Report on the Department of Labour website. Failing to do so can […]
Psychosocial hazards in the workplace
Is there a model code of practice? Psychosocial hazards and work-related stresses in the workplace do not only come at a high cost to employees’ health, but are also proven to come at a high cost to employers, as it has a direct impact on work performance, and ultimately, the bottom line. Studies also show […]
Business valuations
A valuable tool to ensure due diligence by directors – by Johann de Lange, MD of Worth.Business Directors have a fiduciary duty to act with care, skill and diligence in the execution of their duties. Accordingly, they must take reasonably diligent steps to become informed about any material matter they encounter and base decisions taken […]
Dismissal after reaching retirement age
It is fairly common practice to allow employees to work beyond their retirement age. But what if such employees want to hang on to their job indefinitely? And to what extent are post-retirement employees protected against unfair dismissal? The law In terms of section 187(1) of the Labour Relations Act (LRA), dismissal of an employee […]
