McCarthy Attorneys Inc

Employee

ALCOHOLISM AND THE WORKPLACE

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.

Fixed Term And Fixed Purpose Employment Contracts

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.

Problems And Solutions For Employee Accommodation

Problems and Solutions for Employee Accommodation

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.

GETTING THE BOOT FOR YOUR LOOT: CAN AN EMPLOYEE BE DISMISSED FOR TAKING PART IN VIOLENCE OR LOOTING?

Getting The Boot For Your Loot: Can An Employee Be Dismissed For Taking Part In Violence Or Looting?

An employee’s conduct outside of their workplace and ordinary work hours is not subject to the control or authority of their employer. Ordinarily, facing disciplinary proceedings for one’s after-hours actions would not be considered “substantively fair”. Even arrest or criminal activity by an employee does not give an employer the automatic right of dismissal. The purpose of this Act is, among other things, “to create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful …” and creates mechanisms and procedures for determining and prosecuting the criminalised activities enumerated therein.

PERMANENT OR NOT, ALL EMPLOYEES ARE EQUAL BEFORE THE LAW

Permanent Or Not, All Employees Are Equal Before The Law

The appeal of fixed-term and fixed-purpose contracts is to fill a temporary gap in the workplace without having to hire a full-time employee. Because of the short-term nature of such contracts, many employers misuse them in the erroneous belief that the temporary employee does not have the same rights as full-time staff.

CHANGES TO EMPLOYEE RETIREMENT AGES

Changes To The Employee Retirement Age

The age at which an employee may retire is usually stipulated in their employment contract. Factors relating to the employee’s industry and the employer’s policies regulating retirement also play a role.