BCEA: Leave

Off The Desk Basic Conditions of Employment Act Explained. Part 2: Leave Following on Part 1, do I continue with my explanation and interpretation of the Basic Conditions of Employment Act (BCEA) and looking this week into Chapter 3 which deals with the different types of leave in South Africa. Again, I must do a […]

BCEA: Working hours

Off The Desk Basic Conditions of Employment Act Explained Part 1: Working Hours and Overtime In the past several weeks was it necessary for me to consult with employees of my client, to explain the law on working hours and how overtime and other additional payments are calculated in accordance with the law. Although this […]

Is theft always theft?

Off The Desk Is theft always theft? I was recently involved in a matter which reminded me about a case I did years back where I drew up charges for a client and had another consultant chair the disciplinary hearing so that I could test my “theory”. The person was charged for loafing/ idleness as […]

Dagga at work

Off The Desk “Dagga” is still not allowed at the workplace admin@salabourhelp.co.za Following on last week’s article about alcohol, did I think it appropriate to write something about marijuana. There has been a recent case in the Labour Court, where two employees claimed that their dismissal for smoking marijuana at home, was unfair.  Two employees […]

Drinking – Year-end Functions & the Silly Season

Off The Desk Why outsource your HR and IR Function? Following the festive season, we are often bombarded with clients calling to schedule disciplinary matters for employees who misbehaved during the company’s year end function due to having a drink or 6 too many, or alternatively people coming to work still under the influence or […]

Short Time

Off The Desk Short Time We are more often than we would like to admit, confronted by our clients with the scenario where business production or sales are down and there is not enough work to keep all the employees busy the whole day or week. The clients, not knowing what their options are, tell […]

Parental Leave

Off The Desk Parental Leave Although dissimilar to the matters I usually write about, in light of our current economic-, political- and labour situation in South Africa, I thought to write on something which I personally believe is a step in the right direction when it comes to work- life balance. Covid-19 has brought a […]

Dismissal for non-vaccination

Off The Desk Vaccinations: CCMA vs Dismissals for non-vaccinations The CCMA has issued an award (under case GAJB20811-21 on 22 June 2022) for 12 months compensation in favour of an employee who was retrenched after refusing to vaccinate as per the company’s policy and then did not receive a severance package due to her refusal […]

Equal Pay

Off The Desk Does equal work mean equal pay? This has been the question again asked of the Labour Court, and to answer in short, the Court held that, in certain justifiable instances, it does not. In the matter of Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v Food and Allied Workers Union obo […]

Strikes

Off The Desk STRIKES !! As the end of the year is approaching quickly, most employers, especially those with active unions, start receiving letters from the unions asking for increased wages, allowances and other demands. Not being able to meet the union’s ridiculous demands, employers often engage the union and the negotiations lead to a […]