Termination by mutual consent can be seen to be the most cost effective way to settle a dispute in the employment relationship. By agreeing to part ways amicably, the employer dispenses of the employee’s services and avoids protracted and costly litigation. Once a written settlement has been effected, both the employee and the employer can plan their future without any party having any further recourse against one another. For further […]
alcoholism in the workplace Piet van Niekerk* was employed as a bus driver at a reputable bus company, Speedy Bus Services*, for a period of 6 years. The company has a zero tolerance policy towards it’s bus drivers who are found guilty of “arriving for duty under the influence of an intoxicating substance or drinking on duty”. The employees are aware of the company’s written policy and know what sanction […]
Gerald Johannes* worked for a cleaning company, Joe’s Cleaning, located in Salt River, Cape Town. He worked for the employer for a period of 5 years as a supervisor. Whilst exiting the employer’s premises one afternoon, the security guard searched his bag and found various cleaning products which belonged to Joe’s Cleaning. He was charged with unauthorised possession of the employer’s property and attempting to remove it from the premises. […]
The definition of constructive dismissal in terms of section 186(1)(e) of the Labour Relations Act provides that dismissal means “an employee terminated a contract of employment because the employer made continued employment intolerable for the employee”. The critical issues for determination in cases involving claims of constructive dismissal are: a) whether the employee brought the contract to an end b) whether the reason for the employee’s action was that the […]
Why is there an Employment Tax Incentive? Millions of young South Africans are currently unable to participate in economic activity, and as a result suffer disproportionately from unemployment, discouragement and economic marginalisation. High youth unemployment means young people are not gaining the skills or experience needed to drive the economy forward. This lack of skills can have long-term adverse effects on the economy. In South Africa, the current lack of […]
Retrenchment is understood by the man in the street as simply that he has lost his job because there is no longer a job in the current economic climate. Many employers are contemplating retrenchments due to technological reasons (the introduction of new machines or technological innovations) that result in jobs been made redundant or by requiring employees to adapt working methods to new technology. Alternatively, it could be due to […]
Sexual harassment in the workplace is an issue that is hardly ever spoken about, let alone reported, despite it being an issue which takes place time and again within the workplace. Kevin Isaacs* had been working 6 months as a store manager for a clothing retailer based in Goodwood, Cape Town. His co-workers, Lorraine Arnold* and Annelie Gouws*, had both lodged written grievances with their director, Lungi Moko*, against Kevin […]
The new minimum wage rates for domestic workers becomes effective from Sunday 01 December 2013 to 30 November 2014. South Africa has enacted legislation to protect domestic workers resulting in the promulgation of Sectoral Determination 7: Domestic Workers. This determination establishes conditions of employment and minimum wages for employees in the Domestic Worker Sector in South Africa. With effect from 01 November 2002, an employer must pay domestic workers at […]
About the Employment Equity Act The Employment Equity Act applies to all employers and workers and protects workers and job seekers from unfair discrimination, and also provides a framework for implementing affirmative action. The purpose of the Employment Equity Act, No 55 of 1998 is to achieve equity in the workplace, by Promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination. Implementing affirmative action measures […]
With effect from (Monday 1 July 2013) Minister of Labour Mildred Oliphant, acting in accordance with Section 6(3) of the Basic Conditions of Employment Act, increased the annual earnings threshold to R193 805.00 from the previous figure of R183 008.00. “The earnings threshold is significant as employees who earn in excess of the threshold (now R16 150.41 gross per month) are excluded from the protection offered by certain sections of […]