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Labour & HR

  • Case Law: Is alcohol abuse misconduct or incapacity?
  • Case Law: Is alcohol abuse misconduct or incapacity?
    One issue which many employers struggle with, is that if an employee commits an alcohol-related offence in the workplace, how do you label it to begin with? In other words, should it be seen as a form of incapacity or of misconduct? After all, simply determining this can alter the entire way you handle the incident. In the following case, some light will be shed on the issue. Take a look..... ››› more
  • [06 February 2017]
  • The DoL took 1400 companies to court for not complying with employment equity law...
  • Last year, the DoL took 1 400 of South Africa's medium and large companies to Labour Court for not complying with the Employment Equity (EE) Act. The first issue of non-compliance was that these companies didn't submit their EE reports. And as we all know, this is one of the legal requirements you need to meet as a designated employer. So the DoL decided to make an example of them and set a pre... ››› more
  • [03 February 2017]
  • Use this checklist to help ensure you're fully compliant with the Employment Equity Act
  • Do you have 50 or more employees in your company? Or is your company's annual turnover higher than Schedule 4 of the Employment Equity Act? If so, then you're labelled a 'designated employer'. And with that label comes a lot of legal responsibilities, the most important of which is to comply fully with the Employment Equity Act. If you don't comply with it completely, then you'll face heavy ... ››› more
  • [03 February 2017]
  • 'Equal pay for work of equal value'. What exactly does it mean?
  • 'Equal pay for work of equal value'. What exactly does it mean?
    'Equal pay for work of equal value'. What exactly does it mean? With Employment Equity, there's a phrase 'equal work for pay of equal value'. Now this may seem straightforward, but the truth is that many can't help but ask, 'What exactly constitutes work of equal value?' After all, how can you determine equal value if you don't even know what to look out for? Let's a look... Wha... ››› more
  • [03 February 2017]
  • Four occasions when you can dismiss for insubordination
  • Four occasions when you can dismiss for insubordination
    John just told you to 'get knotted'. Mary ignored your direct instruction and Peter just cost you one of your biggest clients for not doing his job properly. These are all cases if insubordinations and it's always such a tricky subject because it's so difficult to prove. And that's why it's so difficult to dismiss for it! Keep reading to find out when an employee's being insubordinate and... ››› more
  • [30 January 2017]
  • Employment Equity Act change: What does 'EE steps and measures' mean?
  • Employment Equity Act change: What does 'EE steps and measures' mean?
    The Employment Equity Act amendments are still causing quite a lot of concern for employers. The provisions mean you'll now have to increase your efforts to not only get more diversity into your organisation, but also actively eliminate unfair discrimination in all areas of work. On top of this, you also have to thrash out exactly how you plan to do it. Then add that level of detail to your ... ››› more
  • [27 January 2017]
  • Two ways to postpone that arbitration date if it doesn't suit you
  • Two ways to postpone that arbitration date if it doesn't suit you
    One of the things you must do when you receive notice of the arbitration is to check if the date and time suits you. If it doesn't, you have two options...Read on to find out what they are so you can use postpone an arbitration hearing if you need to. When it comes to arbitration, the CCMA has to give the parties (you and your employee) at least three weeks' (21 calendar days) notice of the dat... ››› more
  • [27 January 2017]
  • Four performance management activities to make your job easier
  • Four performance management activities to make your job easier
    I had some very interesting discussions with a client over the past month about the challenges of managing performance. He was complaining that it's very time intensive to stand over each of his employees, checking they're doing their job. He isn't getting his own work done and he's getting more and more despondent as time goes on.   Luckily for my client there is help at hand and we're implemen... ››› more
  • [24 January 2017]
  • Preparing for CCMA conciliation? Here's what to consider when it comes to costs
  • Preparing for CCMA conciliation? Here's what to consider when it comes to costs
    Conciliation is a process that takes place at the CCMA and at bargaining councils. It's a negotiation process where parties try to reach a settlement agreement to resolve the dispute. A CCMA commissioner (conciliator) facilitates this attempt to reach an 'out of court' settlement. One of the things you must do when preparing for CCMA conciliation is to consider how much this process will cos... ››› more
  • [23 January 2017]
  • 7 Vital questions about sick leave over holiday periods....
  • 7 Vital questions about sick leave over holiday periods....
    Did you see an increase in the number of staff calling in sick over this holiday period? Are you expecting a flurry of sick notes from them because they were absent on the working days that fell amidst all the public holidays? We receive a lot of interesting questions about sick leave...  Questions that are probably on your mind too! Let's have a look at them… .............................. ››› more
  • [19 January 2017]
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