Human Resources

Incapacity due to ill health is a sensitive issue in the workplace that requires careful navigation. South African labour laws, especially the Labour Relations Act, provide clear guidelines regarding the rights of employees who are unable to perform their duties due to ill health, as well as the obligations of employers to reasonably accommodate these … Incapacity due to Ill Health – Assessing the Extent of the Employer’s Duty to Accommodate an Employee

In today’s globalised world, employees often travel abroad for personal or professional reasons. This raises an important question: What happens when an employee requires medical care or assistance while overseas? Specifically, are sick notes from foreign doctors accepted in South African workplaces? Understanding Sick Leave in South Africa According to South African labour laws, particularly … The Use of International Doctors’ Notes in the South African Workplace

The arrest of an employee presents a complex and sensitive situation for any employer, often leading to unexpected legal and operational challenges. Whether for a minor offence or a serious crime, the immediate question for business owners is: What do we do now?  While the presumption of innocence under South African criminal law remains paramount, … Innocent Until Proven Guilty- The Employer’s Dilemma in Managing Employee Arrests

The General Secretary of the Bargaining Council for the Restaurant, Catering, and Allied Trades Collective Agreement has recently issued a crucial notice to all stakeholders regarding an upcoming change to the minimum wage for restaurants in Johannesburg. According to the newly implemented National Minimum Wage regulations, the hourly minimum wage for restaurants will increase from … Minimum Wage Increase for Johannesburg Restaurants

In a competitive business environment, employers often rely on restraint of trade agreements to safeguard their proprietary interests, confidential information, and client relationships. These agreements can play a crucial role in protecting an employer’s business. However, it is of paramount importance that these agreements are properly structured and enforced. Challenges may arise in ensuring that … Effective Enforcement of Restraint of Trade Agreements in the Labour Relations Sphere

Introduction: In instances where the CCMA orders the reinstatement of an employee, the question that arises is how long the employer is supposed to keep the employee’s position open before filling this role. Are employees entitled to decide for themselves when it is appropriate to return to their position after a reinstatement order has been … Employers Obligations regarding Reinstatement Orders

Retrenchment is regulated by section 189 of the Labour Relations Act 66 of 1995 and any termination due to retrenchment is seen as a no-fault dismissal, what this means is that the employee in essence did nothing wrong to give rise to the termination and it is important to keep this in mind when going … Section 189 Retrenchment – Operational Needs of the Employer vs Employee’s Rights