Posts by Ubuntu Resource Management

ROUND 2 OF THE SAME PROBLEM There has been an increase in cases where employee smoke cannabis the night before and the question are they still under the influence. If your policy is silent you may end up paying money at the CCMA I will be drafting an update for retainer clients to ensure that…

There has been an increase in cases where employee smoke cannabis the night before and the question are they still under the influence. If your policy is silent you may end up paying money at the CCMA I will be drafting an update for retainer clients to ensure that you are covered but the essence…

The landmark labour court judgment is the first to rule that racial, ethnic and social origin harassment constitute unfair discrimination under the Employment Equity Act’s code of good practice. This distinguishes it from its predecessor, which recognised only sexual harassment. A recent judgment by the labour court has demonstrated the consequences of an employer’s failure…

The Minister of Employment and Labour has, in terms of the Basic Conditions of Employment Act (BCEA) earnings threshold, revised the rate from R224 080.48 to R241 110.59 pa, effective from 1 March 2023. Government Gazette No. 48092, notice No. 3067 of 20 February 2023 refers. Earnings means the regular annual remuneration of an employee…

What are some of the important principles governing the applicability of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (‘COIDA’) in the above circumstances as opposed to the employer’s civil liability? An employee arriving at work is faced with a group of striking workers, who proceed to abuse her emotionally… A doctor…

With the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace published earlier this year, harassment in the workplace is the subject of many training sessions, both on the shop floor and in boardrooms. The importance of this education cannot be overstated given how prevalent harassment is in our country,…

Due to persistent load shedding since the end of 2022, the question of payment has again been raised:  Do employers have to pay employees during periods that they cannot work as a consequence of load shedding?  We addressed the question previously, but the principles are worth repeating. Our understanding is as follows: 1.  The normal rule…

Sexual Harassment — Liability of EmployerIn Amothole District Municipality v Commission for Conciliation, Mediation & Arbitration & others (at 109) the Labour Appeal Court was satisfied that the evidence before the CCMA clearly showed that the conduct complained of was consensual, and that the employee had failed to prove sexual harassment. The employer was, in…

In National Education Health and Allied Workers Union on Behalf of Buqa v Department of Health (Western Cape) and Others (2022) 43 ILJ 2363 (LC), the employee was employed by the Department of Health (the employer) at the New Somerset Hospital. While on duty, the employee stole a backpack belonging to a patient while the patient…

National Union of Metalworkers of SA on Behalf of Dhludhlu and Others v Marley Pipe Systems (SA) (Pty) Ltd (2022) 43 ILJ 2269 (CC) In South Africa (SA), the winter season has been dubbed as the ‘strike season’ as it is the time of the year when wage negotiation disputes breakout. Section 23 of the…