Posts by Ubuntu Resource Management

A South African employee was dismissed for failing to report their colleague’s ‘suspicious conduct’ relating to missing money. The dismissal was found to be substantially fair by the Commission for Conciliation, Mediation and Arbitration (CCMA). The failure of the employee to inform an employer of their business interests being improperly undermined constituted “derivative misconduct”, which…

The Department of Employment and Labour has warned that employers in South Africa who do not take adequate steps to eliminate harassment or deal with cases appropriately may be held liable for the conduct of their employees who harass others. Speaking at a departmental roadshow this week, the director for employment equity, Ntsoaki Mamashela, said…

The Bill is in its final stage of promulgation as it has been sent to the President for signing with no indication as to when it will be signed. All current employment equity plans will expire by September 2022 to ensure that all new plans align with the new five-year targets set by the Employment and Labour Minister.…

The rising cost of living globally is making consumers rethink resigning from their current positions, curbing the trend of the ‘great resignation’. Global HR services company Randstad NV said to Bloomberg that there are still some people resigning, but it is slowing down with consumer confidence and inflation making people think twice before they jump on a…

By Jenni Evans and Lenin Ndebele Zimbabwean expatriates are scrambling to apply for a visa to continue living in South Africa after their Zimbabwe Extension Permits (ZEP) expired in December. If they are unsuccessful, in some cases, an entire generation of children will be forced to relocate with their parents to a country they may…

With South African businesses and employees growing increasingly reliant on WhatsApp as a means of communication, it has become increasingly common for labour disputes to arise around the messaging platform. In terms of our labour law, any dismissal of an employee must be fair and just in terms of the Labour Relations Act. So, if…

Employment and Labour minister Thulas Nxesi says his department is in the process of finalising two new documents which will tighten employment laws, including limitations on the hiring of foreigners. Nxesi was responding to complaints by truck drivers this week which led to a major blockage of the N3 highway. One of the key complaints…

A benefits dispute Eskom implemented its income differentials decision in compliance with the provisions of the income differentials of the EEA.  The employee was eligible to have her salary adjusted in terms of the income differentials exercise. Eskom’s system failed to identify her as an eligible employee and her salary was consequently not adjusted.  Eskom…

NEHAWU obo N Phathela v Office of the Premier: Limpopo Provincial Government and Others (LC) (unreported case no J1480/2021, 7-2-2022) (Tulk AJ) The Protected Disclosures Act 26 of 2000 (PDA), colloquially known as the ‘Whistle-blowing Act’, provides protection to whistle-blowers in the private and public sector who disclose information regarding unlawful or irregular conduct by…

Stein v Minister of Education and Training and Others (LC) (unreported case no J415/20, 14-5-2020) (Mahosi J) In terms of s 34(1) of the Basic Conditions of Employment Act 75 of 1997 (BCEA), the employer may make deductions from the employee’s salary under the following circumstances, if – o        the employee agrees in writing to the…