McCarthy Attorneys Inc

Code Of Good Practice


Alcoholism and the Workplace

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.

Dealing With A Drunk Employee

Dealing With A Drunk Employee

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.


Gazetting Of Long-Standing Labour Tenant Claims

The process of processing and finalising the claims has been slow despite a twenty-year time-lapse, and many labour tenancy applications have yet to be finalised. As a result, long-standing labour tenant claims have been Gazetted. Section 17 Notices can thus be expected once again, which will need to be responded to as before.

Depression Dismissal

Depression & Dismissal – A Recent Decision

The prevalence of depression in the workplace was highlighted in the recent case of Legal Aid South Africa v Jansen [2020] JOL 47984 (LAC), wherein the Labour Appeal Court (“LAC”) had to decide on whether the employee’s dismissal was automatically unfair and whether he had been unfairly discriminated against on the basis of him suffering from depression.

Developments In Preventing And Eliminating Violence And Harassment In The Workplace

A Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work was published for comment on the 20th of August 2020. Four forms of violence and harassment in the workplace are enumerated, namely: sexual violence and harassment; racial, ethnic, or social origin violence and harassment; workplace bullying; and protected disclosures. This code …

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