Provocation is one of the key defences for charges of assault or fighting on duty in the workplace. In our employment law context, provocation as a defence potentially affects the […]
Provocation as a Justification in the Workplace Read More »
Employee abscondments in the workplace presents a significant challenge for employers, impacting operational efficiency and team morale. This issue not only disrupts business operations but also complicates the process of
Terminating Employees for Abscondment Read More »
Employers often underestimate the value of reducing the agreements that they have with their employees to writing, as they feel that verbal agreements would often suffice. However, in the realm
Written particulars of employment and contracts of employment Read More »
The terms “protected disclosures” or “whistleblowing” are not new phenomena to the employment law landscape, but there is often great uncertainty about how protected disclosures are dealt with in practice,
In order to maintain fair labour practices in the South African workplace, procedural and substantive fairness are vital considerations. Procedural fairness highlights the procedure followed by an employer when disciplining
Section 192(2) of the Labour Relations Act states that the employer is responsible for proof in a disciplinary procedure. This principle aligns with the adage, “they who allege must prove.”
The Burden of Evidence on Employers in Disciplinary Inquiries Read More »
On May 28, 2024, President Ramaphosa signed the Cannabis for Private Purposes Act (CFPPA) into law. This act intends to regulate the cultivation, possession, and personal use of cannabis by
Cannabis for Private Purposes Act: What Employers Need to Know Read More »
Requiring employees to submit doctor’s notes for absence due to illness is a standard practice aimed at validating the legitimacy, or not, of an employee’s sick leave. However, this practice
Dismissal for an Alleged Fraudulent Medical Certificate Read More »
A designated employer could face the risk of fines should they be found non-compliant with the Employment Equity Act 55 provisions of 1998. The Act defines a designated employer as
Risks for Employers Missing Employment Equity Deadlines Read More »
Employers often use precautionary suspensions while investigating employee misconduct. The presupposition (and standard practice) is that the employee would be suspended on full pay pending the disciplinary inquiry. Still, this
Employees delaying disciplinary proceedings: Is suspension without pay an option? Read More »
