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  • 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]
  • How one fatal mistake by SARS saved AB Pty Ltd R32 million
  • If you under-declare your income, SARS will hit you with a laundry list of penalties, fines and interest. AB Pty Ltd got first-hand experience of this when SARS raised R69 million in penalties and interest! But, there was something SARS didn't do which made part of the penalty fall away. Let's look at this case and how AB Pty Ltd got away with some of the penalties SARS imposed. ************... ››› more
  • [31 January 2017]
  • 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]
  • What PPE do the general safety regulations require?
  • The Occupational Health and Safety Act (OHSA) contains 50 sections and 20 sets of regulations. The different regulations specify the specific requirements you must adhere to. This includes requirements about Personal Protective Equipment (PPE). Read on to find out what the general safety regulations require when it comes to PPE. When it comes to PPE, you can't just comply with the regulations y... ››› more
  • [18 January 2017]
  • Cover your bases if an employee often goes AWOL
  • Some employees do all they can to stay away from work - call in sick in the morning, go home early so they don't miss a doctor's appointment, not come in at all because it's their aunt's funeral (AGAIN!). That's all good and well if it's already been discussed with you beforehand or they bring you proof of their absence, like a sick note. But what do you do if your employee goes absent without lea... ››› more
  • [18 January 2017]
  • Retrenching? Do these five things to reduce potential problems
  • You must deal with the retrenchment process properly. The reasons? The nature of this dismissal makes things tough for you from the start. There's bound to be some resistance when you dismiss employees for operational reasons and not because they've done something wrong. Your employees and their representatives will scrutinise your every move and WILL challenge you if they believe you're... ››› more
  • [09 January 2017]
  • 5 things your employee has to prove to win a case of constructive dismissal against you
  • We all like to think the working environment we create for our employees is a positive one. But in the high-stress environment that seems an inevitable part of the modern working world, some employees may find themselves in circumstances that they simply can't tolerate. And they'll resign to escape. When they do, you're at risk of claims of a constructive dismissal... If your employee's claims are... ››› more
  • [04 January 2017]
  • Avoid these seven tax traps when you prepare for a tax audit
  • As FastJet airline can tell you, a tax audit is no joke. The amount of tax FastJet has to pay Tanzanian authorities almost doubled when interest and fines were added to the outstanding taxes. . Here in South Africa, it's no longer a question of whether or not a business will be subject to an on-site tax audit; it's a matter of when. If your business is facing a tax audit, there are seven '... ››› more
  • [03 January 2017]
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