Dismissal for absence from work

In Air Liquide (Pty) Ltd v Nkgoeng NNO and Others [2022] 7 BLLR 636 (LAC), the employee was absent from work and was contacted by the branch manager regarding his whereabouts.  The employee claimed that he was in fact on site and gave a description of his whereabouts, but his branch manager could not find him…

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DISMISSAL AFTER REACHING RETIREMENT AGE

It is fairly common practice to allow employees to work beyond their retirement age. But what if such employees want to hang on to their job indefinitely? And to what extent are post-retirement employees protected against unfair dismissal? The law In terms of section 187(1) of the Labour Relations Act (LRA), dismissal of an employee…

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Newly amended Employment Equity (EE) Act

Newly amended Employment Equity (EE) Act to aid workplace transformation in SA to come into operation on 01 September 2023 The amended Employment Equity (EE) Act of 1998 to empower the Employment and Labour Minister to regulate sector specific EE targets and to regulate compliance criteria to issue EE Compliance Certificate in terms of Section…

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NEW CASE DEALS WITH EMPLOYEE FIRED FOR NOT REPORTING COLLEAGUE’S ‘SUSPICIOUS BEHAVIOUR’ AT WORK

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…

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Employment Equity – proposed Amendment Bill

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.…

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The great resignation is becoming the great regret

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…

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‘This is going to cause chaos in South Africa’: fear and court challenges loom over Zimbabwe Extension Permit cancellation

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…

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