McCarthy Attorneys Inc

Labour Law

Labour Law Considerations When Selling A Farm

Labour Law Considerations When Selling A Farm

Failure to follow the correct procedures upon the sale or purchase of a farm could lead to employees referring the dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) or Labour Court


Retrenchment and Severance Pay

Severance pay is given to an employee where they are “dismissed for reasons based on the employer’s operational requirements.” However, there are instances where an “operational requirements” retrenchee is not entitled to severance pay.

Misconduct in the workplace

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. 

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.

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.

POPIA, Employees And Employment Contracts

Employers will inevitably collect or already have personal information about their employees on file or stored electronically. With the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”) now in force, such employee information must be protected in their workplace just as it should be protected by other bodies who possess their personal information.  


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.