Employers are advised to seek professional legal advice in ensuring that their contracts of employment and/or service agreements are clear and distinguishable from one another and clearly defines an employer/employee relationship or an independent contractor relationship.
The current position in our law is, accordingly, that where an employee is suspended for precautionary reasons (i.e. in that the employer was concerned that the employee’s continued presence in the workplace would provide him/her with the opportunity to interfere with potential witnesses and/or to destroy pertinent evidence) the employer is under no obligation to afford the employee a pre-suspension hearing before affecting the suspension.
Employers are cautioned against using the results of polygraph tests as the sole basis for disciplining an employee. The probative value of polygraph testing remains open ended, and its reliability, if any, is to be determined by the courts on a case-by-case basis and in conjunction with expert and / or further corroborating evidence.
The Labour Relations Act 66 of 1995 (“LRA”) does not make provision for an award made by the Commission for Conciliation, Mediation and Arbitration (“CCMA”) to be appealed by an unsuccessful party. The reason being [...]
The Covid-19 Temporary Relief Scheme (“the Scheme”) was implemented by the Department of Labour as a direct remedial response to the havoc wrecked on small to medium enterprises (“SMME’s”) by the Covid-19 pandemic. Whilst the Scheme has been active and functional since 26 March 2020, amendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation.
On Thursday, 26 March 2020, the Minister for Employment and Labour, Thembelani Nxesi, issued a Directive entitled ‘Covid- l9 Temporary Employee/Employer Relief Scheme, 2020’ to the general public (the “Directive”). The underlying rationale for the issuing of the Directive is founded on the immense impact the President’s declaration of a national lockdown, and the Regulations imposed in terms of section 27(3) of the Disaster Management Act, have had on the continued trading and commercial viability of especially small to medium enterprises and those entities whose businesses operations are considered to be ‘non-essential’.
Survival in the time of Covid-19: A basic guide for employers on retrenchment and alternative resolution mechanisms
The essential conundrum facing employers can be simply stated as follows: how do I ensure the viability of my business post-pandemic and further, how do I maintain the integrity of my workforce?
During the current COVID-19 crisis, many employers will have chosen to allow their employees to work from home. While most employers already have a communications policy that regulates how employees use communications infrastructure in the workplace, it is important to bear a few points in mind when many or most employees are working remotely.
The Occupational Safety and Health Act, No. 85 of 1993 (“the Act”) aims to ensure the wellbeing, health and safety of employees in the workplace. In light of the seriousness of the Covid-19 pandemic, it is important to consider the effects the spread of the virus may have on the South African employer and specifically the risk the virus poses to employees in the workplace. In this regard, section 8 of the Act is of importance as it sets out the duties that employers owe to their employees and is discussed below
Introduction A trade secret may generally be described as information which is known only by employees of a specific business and can include formulas, ideas, processes or a compilation of information. Trade secrets are used [...]