Did You Know that CV Liars Now Face Jail Time?
“Fraud is a cancer that is crippling our country” (Supreme Court of Appeal in 2019) An all-too-common scenario in these times of high unemployment is job applicants who, desperate to be hired, lie about their qualifications on their CVs. Recent high-profile stories of fake doctors and the like are no doubt only the tip of […]
A Dishonest “I’m Too Sick to Come to Work” Excuse is a Firing Offence
“…an employment relationship is predicated on trust” (Extract from judgment below) Our courts have once again confirmed that dismissal is justified when employees lie about their state of health in order to get sick leave. A recent Labour Court case provides a perfect example. Too sick to work, but caught on TV at a protest […]
Understanding Your Legal Obligations as an Employer of Domestic Workers
South Africans employ an estimated 900,000 domestic workers. They assist us with a range of tasks that keep our homes running smoothly – from cleaning and gardening to cooking and childcare, their contributions are invaluable. However, as an employer, it is vital that you recognise and fulfill your legal obligations in order to establish a […]
Overtime: The Importance of Agreements
“…an employer may not require or permit an employee to work … overtime except in accordance with an agreement” (Basic Conditions of Employment Act) All employers and employees need to know of a recent Labour Court judgment holding that an instruction to work overtime in the absence of an agreement is unlawful. A lapsed overtime […]
Effective 1 March 2023: New Earnings Threshold and National Minimum Wage
Employers and employees need to keep an eye on the annual increases in both the National Minimum Wage and the Earnings Threshold, summarised below for your convenience. Both are effective from 1 March 2023. The National Minimum Wage increase The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased by 9.6% from […]
Suing a Degree-Forging Employee for R2.2m
“Oh, what a tangled web we weave when first we practice to deceive” (Sir Walter Scott, quoted in the judgment below) It’s a sad fact of life in today’s business world that as an employer you must remain constantly on guard against the dangers of “CV fraud”. First prize of course must always be prevention […]
Employers: Don’t Miss Your Employment Equity Report Deadline!
Before you close up for the year, remember that if you are a “designated” employer, your Employment Equity Act (“EEA”) Report is due on 15 January 2023. Failure to comply carries substantial penalties so don’t miss this deadline. You are likely to be a designated employer if either – (Source – Schedule 4 to the Employment Equity […]
Your Employee Reaches Retirement Age and Wants to Keep Working – What Should You Do?
“For many, many people, I’m a firm believer that 60 is the new 50.” (Carolyn Aldwin, director of Oregon State University’s Center for Healthy Aging Research) As even the youngest Boomers (the generation born between 1946 and 1964) approach the “Big Sixty”, an increasing number of employees will be thinking about whether or not they […]
Dismissed for Criticising a Mine’s “No High Heels in the Workplace” Rule
“The evil in this case is the wearing of high heels as opposed to flat shoes. It is a case that pits sartorial elegance against health and safety at the workplace” (Extract from judgment below) Employers have a general duty to ensure health and safety in the workplace. But as a recent Labour Court case […]
Fired for Off-Duty CBD Oil Use and Cannabis Smoking
“… the [employer], in light of its dangerous environment, is entitled to discipline and dismiss any employee who uses cannabis or is under the influence whilst at work in contravention of its policy. Unfortunately, the Constitutional Court judgement does not offer any protection to employees against disciplinary action should they act in contravention of company […]