In South Africa, the Code of Good Practice on protection of employees during pregnancy and after the birth of a child (which forms part of the Basic Conditions of Employment Act),requires employers to allow breastfeeding employees 30 minutes breaks twice per day for breastfeeding or expressing milk every day for the first 6 months of the child’s life. This means that you are allowed two breaks of 30 minutes each […]
Many employers have policies that prohibit employees from being under the influence of alcohol or drugs at work and this type of policy remains valid and unlawful; even after the recent Constitutional Court judgement that grants individuals the right to cultivate/possess and use cannabis in “private.” This judgement does not mean that an employee now has a “right” to report for duty under the influence of marijuana, having smoked at […]
1. If an employee resigns, he/she is required to work out either the contractual notice period or the minimum notice periods set out in the Basic Conditions of Employment Act (BCEA.) 2. The employer may elect to pay an employee in lieu of notice. The parties may also agree in writing that the employee will not be paid for not working out the notice period if, for example, the employee […]
It is a common occurrence that employees present fraudulent, false medical certificates to an employer to justify their absence from work and to be paid for a sick day. Your rights as an employer An employer is always entitled to question the validity of a medical certificate, especially if it appears to be dubious. The employer must find evidence that the medical certificate issued is false. The direct approach would […]
The Basic Conditions of Employment Act and the Labour Relations Act both provide adequate protection and regulate a pregnant woman’s position in the workplace. There is no duty on an employee to disclose the fact of her pregnancy except for the purpose of maternity leave (as per the BCEA) and failure to do so could not be regarded as “deceit” in the context of the relationship of trust between Employer […]
Where derogatory and racial language is used in the workplace, the employer bears the onus to prove that the language used was objectively derogatory. Collecting evidence However, the employer will bear the onus to prove that the employee uttered the derogatory word/s. Employers must lead sufficient evidence that the words were indeed used, and moreover, that the words are objectively offensive. This may be done by calling the victim […]
Vicarious liability is the holding of a person or entity responsible for damages or harm caused by someone else. Most employers are unaware that they can be held liable for the actions of their employees. Vicarious liability is where someone is held responsible for the actions or omissions of another. When does vicarious liability apply? The requirements for the vicarious liability of an employer are threefold: An employment relationship The […]
The principle of an employee being bound implicitly by a duty of good faith towards his employer is breached when that employee remains silent about knowledge that he possesses regarding the business interests of the employer being improperly undermined. A breach of the duty of good faith can justify dismissal. Non-disclosure of knowledge relevant to misconduct committed by fellow employees is an instance of a breach of the duty of […]
The following factors should be considered in determining if the dismissal was fair: a) The reason for incapacity, including whether it was a lawful arrest; b) Whether the employee was at fault; c) Whether he or she caused the situation; d) Whether the employee was in the end convicted; e) Whether the employee’s actions leading to the arrest rendered a continuation of the employment relationship intolerable; f) The extent of […]
The purposes, functions and processes of the CCMA