Archive for July 2021
An employer’s guide to dealing with employees during civil unrest:
The civil unrest that South Africa faced this past week has left many employers asking questions such as: What may an employer do if its employee is seen on social media participating in the civil unrest? What if the employee is found to have stolen property and is correctly identified? May an employer dismiss an…
Read MoreCommon purpose, derivative misconduct & dismissal after Dunlop:
The Constitutional Court recently in NUMSA obo Nganezi & Others v Dunlop Mixing and Technical Services (Pty) Ltd & Others (2019) 40 ILJ 1957 (CC) (“Dunlop”) clarified the limits of the doctrine of derivative misconduct, as it was understood at the time. The Court considered the vexed question of determining the individual culpability of an employee in the context…
Read MoreCaught on camera: Can employees be disciplined for criminal activities?
The recent widespread acts of theft at shopping malls, warehouses and distribution centres in Gauteng and KwaZulu-Natal have created extraordinary challenges for many businesses – businesses which have already sustained significant setbacks in an economy struggling to withstand the impact of the COVID-19 pandemic. Footage of many who took part in these activities is readily…
Read MoreCan employers dismiss their off-duty employees for taking part in looting?
With looting and violence continuing unabated in many parts of South Africa and with the reams of video footage depicting the brazenness of the looters, the question on many employers’ minds is whether, if spotted looting while off duty, they can dismiss their employees? The kneejerk reaction of many employers would be, “Of course! They…
Read MoreNO JAB – NO JOB. Can an employee be dismissed for refusing to be vaccinated?
Yes – in certain circumstances an employer may fairly dismiss an employee who refuses to be vaccinated. Duty to provide a safe and healthy workplace Employers have a general duty to provide a safe and healthy working environment for all their employees. Existing occupational health and safety regulations already require them to assess the health…
Read MoreWage Settlement Survey Quarterly Report
Summary of Key Findings: 1 January to 30 June 2021 • The average level of settlement was 4.5% in June 2021, compared with the overall average of 6.3% in 2020. The fall in settlement levels of 1.8% is very significantly large, given that movement up or down is usually less than 1%. This, in fact…
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