Beyond reasonable doubt vs Balance of probabilities
We have all seen the courtroom dramas where the accused are charged with criminal offences, and the State has to prove its case. Similarly, we are very familiar with the phrase, “beyond reasonable doubt”. But what does the phrase mean, and where does it fit in court cases? And what are the differences in proving an […]
Are employers responsible for employees who are sexually harassed/assaulted at work?
Employers need to be aware that their employees have legal recourse if the employees have been sexually harassed/assaulted in the workplace, and the employer failed to address it. Previously, it was thought that employees could only follow the avenue outlined in the Labour Relations Act (LRA) and Employment Equity Act (EEA). This would entail lodging […]
CCMA or Labour Court – that is the question
CCMA or Labour Court – that is the question Written by Dave Lake There can be confusion around what kind of labour disputes should be referred to the CCMA or to the Labour Court. Below are some simple guidelines for which disputes should be referred to which body. What kind of disputes must be referred […]
Citing charges for a disciplinary hearing – Getting it right the first time
Citing charges for a disciplinary hearing – Getting it right the first time When an employer initiates a disciplinary hearing, the employee being disciplined is entitled to know and understand the charges that will be put forward against them in order for them to adequately prepare. This means that employers must give employees adequate notice […]
Dismissal for Incapacity due to Ill-Health
Dismissal for Incapacity due to Ill-Health Written by Michelle Vernon South African Employment Law allows for 3 types of dismissal – Misconduct, Operational Requirements, and Incapacity. Incapacity is then split into 2 distinct forms – Poor Performance and Ill Health. Here we consider incapacity due to ill health. It is important to remember that this […]
Resigning with immediate effect: Not as simple as it sounds
Resigning with immediate effect: Not as simple as it sounds Employees often consider to immediately terminate their employment relationship due to a new opportunity arising or to avoid responsibility when faced with disciplinary procedures. Employment relationships are governed by an employment agreement or legal statutes, and in most cases both. If an employer and employee do not expressly agree on the notice period needed for either of them to terminate their relationship, section […]
Violence and looting – What to do when your employees have been involved
Violence and looting – What to do when your employees have been involved With looting and violence severely impacting certain parts of South Africa in June 2021, many businesses are facing great challenges on various fronts. In light of the recent civil unrest, many employers have been faced with the question as to whether they are entitled to […]
Don’t delay: What happens when disciplinary action is postponed
Don’t delay: What happens when disciplinary action is postponed Many employers decide to leave disciplinary matters for a later date or to overlook matters of concern to avoid conflict. However, when handled well, conflict can have a positive impact on an employee’s performance and behaviour after they have made an error. Although, “Just wait until your mother/father gets home,” may […]
Vicarious liability – The responsibility of the employer
As a point of departure, the doctrine of vicarious liability means that the employer is held liable for the wrongful acts or omission of its employees. The difficult issue to establish when dealing with these cases is whether or not the wrongful act arose in the course of the employee’s duties. The Supreme Court of […]
Depression and misconduct: A case study
At a disciplinary hearing in November 2013, the employee was charged with: Being absent for 17 days between 30 August and 5 November; Breaching the employer’s policy by failing to inform his manager of his absence; Insolence towards a superior; and Insubordination in that he refused to attend to a prisoner as instructed. The employee […]