Dealing with an employee who battles with alcoholism is frustrating and can destroy the employment relationship.
Alcoholism, per se, does not constitute misconduct. It is being under the influence of alcohol and the consequences thereof that amount to misconduct.
Alcoholism and the Workplace Read More »
The unfortunate appearance of drunkenness on duty does not only happen during the “silly season.” Employers often call for advice on how to deal with an employee who is drunk on duty. The first thing to be done is to get proper evidence.
Dealing With A Drunk Employee Read More »
A Fixed Term Employment Contract has a specific time period, with dates known to the employee. A Fixed Purpose Employment Contract is used when an employer wishes to employ someone for a specific purpose, and it is difficult to determine how long it will take the employee to complete the project or task.
Fixed Term And Fixed Purpose Employment Contracts Read More »
Appearing at the CCMA can be stressful. Proper preparation can alleviate a lot of that stress. Preparing comprehensive Heads of Argument is part of that preparation. Heads of Argument are used to save time and trouble by directing the CCMA Commissioner’s attention to the appropriate and relevant portions of the record so that a proper analysis of the issues can occur.
Heads of Argument are a compilation of the significant points and the reasoning process of one’s argument. Heads of Argument are used to save time and trouble by directing the CCMA Commissioner’s attention to the appropriate and relevant portions of the record so that a proper analysis of the issues can occur. It also helps the Commissioner to deliver an award expeditiously.
The purpose of Heads of Argument is to deliver a persuasive argument to the Commissioner to rule in one’s favour. It helps the Commissioner to understand what one is addressing and what one needs to prove to be successful.
Heads of Argument:
present the relevant points or arguments relied on in a manner that is concise and easy to understand; and
provide a summary of the evidence to be presented and advance submissions concerning it; and
deal with legislation, case law, and past judgments pertinent to the case at hand; and
contain the necessary documentary evidence (such as photographs, minutes, notices, transcripts, etc.) as Annexures. This is particularly important as all the required documents will be centralised and easily accessible.
The Commissioner may want time to consider both arguments and will draft a written award at a later stage. In these instances, Heads of Argument serve as a reminder of one’s argument. It is, therefore, imperative that the Heads of Argument are detailed, contain all the necessary documents, and will provide the Commissioner with all the pertinent points of your case.
It is advisable to seek legal assistance with drafting Heads of Argument in a CCMA matter to ensure that it contains all the necessary information and is prepared following the Rules and the Practice and Procedure Manual of the CCMA.
Presenting Evidence In CCMA Matters: The Benefits Of Comprehensive Heads Of Argument Read More »
In South Africa, there is currently no legislated retirement age, although it is commonly accepted that one should retire between the ages of 60 to 65 years. However, an employee cannot be forced to retire unless one of two situations arises.
Retiring Your Employees – Making The “Mature” Decision Read More »
The Compensation for Occupational Injuries and Diseases Amendment Bill (the “Bill”) introduced to Parliament in September 2020 introduces many changes that employers need to be aware of.
This Bill builds on the judgment of the Constitutional Court in Mahlangu v Minister of Labour [2020], where the rights of domestic workers were recognised, and the Court sought to bring more inclusivity to the existing legislative framework to protect the domestic worker sector further.
Until recently, domestic workers were excluded from the protection of the Compensation for Occupational Injuries and Diseases Act (COIDA) and could not claim its benefits, such as compensation for workplace injuries. Employers now also need to register domestic workers for UIF and must pay towards the Compensation Fund, something which was previously not required.
Another new aspect introduced in the Bill is a multi-disciplinary employee-based process for employees who suffer occupational injuries or diseases. Through this process, employers must attempt to rehabilitate and reintegrate affected employees to enable them to return to work. This will compel employers to exhaust all options before resorting to dismissal.
The Bill also establishes inspectors to investigate complaints and monitor and enforce compliance. These inspectors will be able to issue compliance orders, which will become an order of court. They will further have the authority to enter workplaces and even homes to carry out their duties, provided they have received permission to enter from the occupier or owner.
This Bill, therefore, aims to widen the scope of protection afforded to employees and now includes domestic workers within its ambit, thus formalising the domestic worker sector. With this increased protection for employees, on the one hand, comes a heavier burden for employers to comply with on the other.
Employers would do well to seek legal assistance in navigating the complexities of the labour field at this time to aid them in their compliance duties.
When this is necessary, the employer needs to ensure that they prepare themselves to be ready to go before the commissioner to present their case.
Employers Preparing for the CCMA Read More »
We have become increasingly aware of instances of employees (or ex-employees) and /or occupiers building without permission of the landowner.
Building Without Authority Read More »
All landowners, including farmers and owners of lifestyle properties, who live outside urban areas, are subject to the Extension of Security of Tenure Act (ESTA). Therefore, all employees, including farm workers and domestics, who reside on these properties, are afforded the protection of ESTA. Thus, those employees who are accommodated on the property may not be evicted from the property without a court order.
Problems and Solutions for Employee Accommodation Read More »
What happens when an employer can see that an employee is failing to attain the standard of performance required of them in their job?
What To Do About An Employee Who Is Incompetent? Read More »
