Misconduct in the workplace
Workplace disciplinary codes and policies usually set out the types of behaviour which will be considered unacceptable and further regulate the conduct of employees as a whole.
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Employee
The National Minimum Wage Increased By 9.6% For 2023/2024
According to Government Gazette No 48094 dated 21 February 2023, the National Minimum Wage was adjusted from 1 March 2023.
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Dashcam Footage As Evidence – More Than Just For Traffic Violations
If video evidence is reliable and is obtained within the confines of the law, there is no reason why it should not be used and why such footage recording other forms of illegality may not be relied upon.
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How To Present Evidence At A Disciplinary Hearing – Types Of Evidence
Disciplinary hearings exist to either discipline or ultimately dismiss an employee. In either instance, the course of action must be justified, which is found when the chairperson analyses the evidence presented at a disciplinary enquiry. Evidence proves the points raised by a party and gives validity to their arguments.
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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.
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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.
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Fixed Term And Fixed Purpose Employment Contracts
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.
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Retiring Your Employees – Making The “Mature” Decision
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.
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Sweeping the path to formalising the domestic worker sector: the effect of the compensation for occupational injuries and diseases amendment bill
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.
Employers Preparing for the CCMA
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.
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