New draft Employment Equity sector targets – What does this mean for employers?
The Department of Employment and Labour has just concluded seven days of virtual consultation sessions with employers and industry stakeholders across all industry sectors to discuss the proposed Employment Equity numerical sector targets. This follows on from the announcement of the commencement of the Employment Equity Amendment Act, No. 4 of 2022 (“EE Amendment Act”) […]
Requirements for the precautionary suspension of an employee
Requirements for the precautionary suspension of an employee When is a precautionary suspension necessary and fair? The purpose of a precautionary suspension is mainly to mitigate further risk to an Employer in instances where disciplinary action is contemplated. The circumstances warranting such a suspension differ from case to case. Reasons for a suspension can include […]
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 […]
Fixed-term contracts: What employers need to know
Fixed-term contracts: What employers need to know An employee has been employed on a fixed-term employment contract for a number of years. Each consecutive year, the fixed contract is renewed at the election of the employer. After the fixed contract expired, the employer decides not to renew the employee’s contract. Is the employee entitled to […]
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 […]
Think Before You Post!
In this 2019 Edcon Ltd case, an employee was dismissed for her Facebook comment in response to a segment about the reshuffling of Cabinet on Carte Blanche. After a member of the public explored her Facebook profile and found that she was employed at Edcon Ltd, they made a complaint to her employer and she was […]
What is a reasonable expectation of renewal?
An employee has been employed on a fixed-term employment contract for a number of years. Each consecutive year, the fixed contract is renewed at the election of the employer. After the fixed contract expired, the employer decides not to renew the employee’s contract. Is the employee entitled to a renewal of the fixed-term employment contract […]