Employment and Labour Law

26
May

The “Great Resignation” is Upon Us – Know the Law!

Article courtesy of Law Dot News | Resignation - Employment and Labour Law The “Great Resignation” is Upon Us – Know the Law! “Signs of the "Great Resignation" are rippling across South Africa” (Business Insider report, 22 April 2022) The global pandemic-induced “Great Resignation” trend is upon us, and both employers and employees need to be aware of how our
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25
Apr

Workplace Harassment: The New Code in a Nutshell

Article courtesy of Law Dot News | Employment and Labour Law Workplace Harassment: The New Code in a Nutshell “The criterion that harassment involves unwanted conduct distinguishes acts of harassment from acceptable conduct in the workplace” (extract from the Code, emphasis added) With effect from 18 March 2022, a new “Code of Good Practice on the Prevention and Elimination of Violence and
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23
Feb

Fired For Moonlighting

Article courtesy of Law Dot News | Employment and Labour Law – Moonlighting Fired for Moonlighting “She failed to disclose these obviously material activities to her employer and was therefore manifestly acting in violation of her duty of good faith to her employer.” (Extract from judgment below) “Moonlighting” is the practice of employees boosting their monthly income with a “side-job”
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23
Feb

Effective 1 March 2022: New Earnings Threshold and National Minimum Wage

Article courtesy of Law Dot News | Employment and Labour Law - National Minimum Wage Effective 1 March 2022: New Earnings Threshold and National Minimum Wage Employers and employees need to keep an eye on the annual increases in both the National Minimum Wage and the Earnings Threshold, summarised below for your convenience. Both are effective from 1 March 2022.
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26
Jan

When Does Attendance at a Rugby Match Trigger a Dismissal from Employment?

Article courtesy of Law Dot News | Employment and Labour Law - Dismissal from Employment When Does Attendance at a Rugby Match Trigger a Dismissal from Employment? "This is dishonest conduct of a kind which clearly negatively impairs upon a relationship of trust between an employer and employee.” (Extract from judgment below). An all-too-common complaint in workplaces comes from employers
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26
Oct

Fired for a Racist Facebook Post

Article courtesy of Law Dot News | Employment & Labour Law Fired for a Racist Facebook Post “The seriousness and gravity of offences involving racism and racial hatred cannot be over-emphasised. Employers are under a duty to provide a safe working environment and to protect all employees from harm, whether physical or emotional, whether they are black or white. An
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27
Sep

Employers – Walking the “Compulsory Covid-19 Jab” Tightrope

“Employers should find a reasonable resolution that accommodates all parties where employees refuse to be vaccinated for medical and constitutional grounds” (Ministry of Employment and Labour) As the Covid-19 pandemic continues to wreak havoc around the world, an increasing number of businesses find themselves walking a tightrope between their obligations to, on the one hand, both protect the public and

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26
Aug

A Million Rand Warning: Act When Employees Reach Retirement Age

Article courtesy of Law Dot News | Employment Law & Labour Law Act When Employees Reach Retirement Age “Retirement is for people who don’t like their jobs” (Paul McCartney) Many employees reaching “retirement age” (often set at 60 or 65) are not ready to retire. Perhaps they need to carry on earning an income, often they are fit and healthy
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27
Jul

Employee Looting and Strike Violence: When Is Dismissal Fair?

Article courtesy of Law Dot News | Employment Law & Labour Law Employee Looting and Strike Violence: When Is Dismissal Fair? Employee looting and/or violence can take place during strike action or it can occur during non-workplace incidents such as the recent looting and public disorder sprees. In both cases employers need to take action, but with care. Addressing firstly
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27
Jul

Violence and Looting – Can You Sue SAPS?

Article courtesy of Law Dot News | Delict & Civil Claims Violence and Looting – Can You Sue SAPS? “When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to carry out law and order” (extract from judgment below)
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