Posts by Ubuntu Resource Management

Employee was given notice to attend a Disciplinary Hearing for misconduct.  On the day that the employee received the notice to attend the Disciplinary Hearing, she tendered her “resignation with immediate effect”.  The employer assumed that the employee had to serve four-weeks’ notice, the employee argued that her letter of “resignation with immediate effect” ended…

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…

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…

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…

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…

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…

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…

Can an employee get dismissed for participation in an unprotected strike action and assault without being identified?  The short answer to the dreaded question, is yes.  You can be dismissed just for being in the crowd, even though you were not the one assaulting your fellow employee.  It is called Common Purpose.  Can your employer…

The Department of Employment and Labour has issued an updated occupational health and safety directive which, among other things, expressly permits an employer to implement a mandatory workplace vaccination policy subject to specific guidelines. Consultation An employer must consult with the relevant trade union on the mandatory vaccination policy together with any health and safety…

An employee’s entitlement to paid sick leave and other benefits due to the ongoing COVID-19 pandemic can be summarised as follows: (a)  Employee presents with or advises of COVID-19 symptoms:  The employer must place the employee on paid sick leave in terms of the BCEA. The employer may require the employee to produce a valid medical…