A 13th cheque is not automatically guaranteed. But where it forms part of your employment contract, your employer cannot simply withdraw it or replace it with a performance-based bonus without your agreement. The Labour Court ordered an employer that had done so to pay 45 employees a 13th cheque for every year it had gone...Read More
Lying to get a job can cost far more than the job itself. A former V&A Waterfront chief information officer was ordered to pay nearly R2.9 million in damages after the Labour Court found that she had misled the company into employing her and into paying for two consultants who had worked for her private...Read More
Under the current law, it is already illegal to employ someone who is not legally entitled to work in South Africa. This applies to businesses and to households employing foreign domestic workers, nannies or gardeners. A new Bill proposes additional duties and higher penalties for employers, but these changes are not yet law. Employers should...Read More
The “Whistleblower’s Act”, formally known as the Protected Disclosures Act, encourages employees to expose corruption, criminal activity and other wrongdoing in the workplace. But what protections does the Act actually give whistleblowers? And what steps should employers and employees take to ensure they comply with it? We’ll answer all of these questions in the context...Read More
Your top employee resigns and immediately opens up a new business in direct opposition to you. Using your software, your client relationships and your business methods to springboard their new start-up and poach your clients. We discuss, in the context of a recent High Court case, how our law can help you put a stop...Read More
Not every difficult manager is a workplace bully, and not every uncomfortable workplace is an unlawful one. But where exactly does the law draw the line? A 2023 Labour Court judgment tackles that question head-on, with important lessons for both employers and employees. If you’ve ever wondered whether a harassment claim would succeed against your...Read More
Employers have a duty to protect their employees from all forms of harassment, including sexual harassment. But what constitutes such harassment, from whose perspective must it be viewed, and how should allegations of improper conduct be assessed and dealt with? We address those questions in the context of a Labour Court case in which a...Read More
Alcohol goes hand in hand with the Festive Season, making this the perfect time to discuss your duty as an employer to manage the risks of alcohol consumption at work. We’ll share some thoughts on that with reference to a recent Labour Court case which saw a forklift driver, dismissed after failing a breathalyser test,...Read More
Welcoming a new child into the world is one of life’s great joys, but for working parents it comes with practical and financial challenges. If questions like “Will we get leave and if so for how long?”, “Will it be paid leave or can we claim UIF?” and “Can we both take leave or just...Read More
Welcoming a new child into the world is one of life’s great joys, but for working parents it comes with practical and financial challenges. If questions like “Will we get leave and if so for how long?”, “Will it be paid leave or can we claim UIF?” and “Can we both take leave or just...Read More
