Sick leave abuse

Excessive sick leave absenteeism creates numerous problems for employers and fellow employees and also evokes emotional responses – employers believing the sick leave is consistently abused, whereas employees believe that they have a right to utilise their full sick leave entitlement.  Employees have a common law duty to render services during their contracted working hours. …

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CYBERBULLYING IN SOUTH AFRICA: 

A LEGAL PERSPECTIVE Cyberbullying is a form of bullying that occurs online through various digital platforms such as social media, instant messaging, and text messaging.  In South Africa, this issue has been gaining more attention in recent years due to the growing use of technology and the internet among young people.  As a result, individuals…

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Employers are sick of absenteeism

Employers are entitled to discipline employees for absenteeism.  Employers can expect that there employees notify them regarding absenteeism and a failure to do so is a transgression of the company’s code of conduct. Employers often lose CCMA cases because the law is confusing. That is, while Schedule 8 implies that employees may be dismissed after…

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Under influence

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…

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When is an employee not under the influence

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…

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Labour court ruling on SAPS case an expensive lesson for employers who ignore workplace discrimination

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…

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BCEA earnings threshold increase

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…

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Important principles governing the applicability of the Compensation for Occupational Injuries and Diseases Act 130 of 1993

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…

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LOAD SHEDDING – NO POWER, NO PAY?

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…

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