The definition of desertion of Employees from the workplace in South African Labour Law and according to the Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as “the CCMA”) means that an Employee has left his or her place of work and it is apparent that he or she does not appear to have […]
Employment law
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Implementing a COVID-19 policy in the Workplace
As South Africa has recently entered what is called advanced alert level 3 of the phased approach of opening up of the economy, many businesses are still grappling with the initial financial and operational consequences of the lockdown. As businesses and trade resumes in a heightened State of Disaster with gargantuan increases in COVID-19 infections […]
Guidelines for Disciplinary Hearings in the Workplace
Employers need to ensure that they follow a procedurally and substantively fair process when conducting a Disciplinary Hearing. Employees also need to be aware of their rights to ensure that they are well equipped for the process. This article endeavours to outline and provide clarity in respect of the steps necessary for a Disciplinary Hearing […]
Are Restraint of Trade Clauses Enforceable during #COVID-19?
The enforceability of restraint of trade clauses in employment contracts has always been a hot topic of debate in law. However, what once was a stringent clause to be abided by the Employee when the employment relationship terminated for whatsoever reason has now been raised by many Employers and Employees during the nationwide lockdown due […]
Appointing a Third-Party Arbitrator Before Resorting to Dismissal
Employers and Employees seeking to resolve disputes are aware of the option of referring such disputes to the Commission for Conciliation, Mediation and Arbitration (CCMA). Referral often happens where a decision has already been made relating to either an alleged unfair dismissal or issues of capacity. However, not many Employers are aware of the option […]
