Labour Portal

28/10/2021

S01E05 “Can an employee be dismissed for failing to adhere to rules and regulations in the “? This is a real so we have to treat it as such.

20/10/2021

S01E02 “Can an Employee be dismissed for Testing Positive for Cannabis in the Workplace?”

03/04/2020

If an employer anticipates that he/she would struggle to pay employees in the near future due to COVID-19, the employer has the duty to apply for financial relief on behalf of its employees!

02/04/2020

We believe that the Virus should still be approached with Caution! The numbers might have decreased in China but for everyone else, it’s Health and Safety as usual✔️

20/02/2020

Addiction in many ways (not all) is a disability and warrants the right of accommodation where reasonably possible. Accommodation is often triggered by an employees request. Playing the “addiction” card after an employee has been dismissed and was already offered an opportunity to come “clean” will be difficult to prove on the part of the employee.

19/02/2020

Protecting your employees and customers is a reasonable approach to enforcing a restraint of trade.

17/02/2020

18/03/2019

Investing in youth employment means working together to make job creation a priority. At the same time, we must help youth overcome specific disadvantages, such as discrimination and not having the right skills👊🏼

14/03/2019

Be careful what you use in the and under what circumstances😉

11/03/2019

The recent case of National Union of Metal Workers of South Africa (NUMSA) obo Motloba v Johnson Controls Automotive SA (Pty) Ltd and Others [2017] 5 BLLR 483 (LAC), dealt with the question of whether shop stewards are to be held to the same behavioural standard as other employees.
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In this case, the employee had been employed by the employer for a period of nine years and was a shop steward at the workplace. The employee had an altercation with the payroll administrator as he didn’t agree with management’s interpretation of a provision in the MIBCO collective agreement regulating how employees on night shift were to be paid for work performed on a public holiday.
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The employer’s evidence was that the employee confronted the payroll administrator and, in an aggressive voice, said: “Don’t lie to my people that I agreed to how they would be paid”.
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Further evidence was led that the employee’s finger moved in the direction of the payroll administrator and that the service centre supervisor thought the employee was going to hit her. The employee was dismissed on the grounds of physical and verbal assault, serious disrespect and threatening and/or intimidating behaviour towards the payroll administrator.
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The court was robust in its finding that it is unacceptable to reason that when an employee acts in a representative capacity, “anything goes”. A vociferous shop steward should act in the best interest of his constituency and not in a manner that is unbefitting of the office which he holds. This case is important as it fortifies the principle that shops stewards, regardless of their representative mandate, are to conduct themselves at the same standard as a CEO.

08/03/2019

The ILO Equal Remuneration Convention 1951 (No. 100), which South Africa ratified in 1995, obliges ratifying member states to give effect to the principle of equal remuneration for men and women workers for work of equal value. The principle of equal remuneration for work of equal value applies equally to equal value claims based on race, or any other ground listed in section 6(1) or any other arbitrary ground👌🏻
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Happy International Womens Day.
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01/03/2019

Strike ballots and the amendments to the 😉 #