With Easter and various other public holidays imminent in March and April, most South African employees are anticipating a few days’ off from their daily work routines. But, this period also raises the question about other 'religious holidays' and the stance of labour law on these.
After conducting intensive research into the topic of strikes and labour unrest, the Mandela Initiative came to several conclusions. One of these was that the right to strike is made up of a delicate balance between the power of firms and the rights of employees, and is considered a sign of a healthy democracy.
Employees often resign with immediate effect when facing disciplinary action. Employers may be unsure whether they can continue with an intended disciplinary action? Unfortunately, the Labour Courts' decisions on this issue have not always been clear or consistent.
"An employer has the prerogative to set reasonable standards pertaining to the harmonious interpersonal relationships in the workplace" - words by Mokgoatlheng AJ in the case of Jabari v Telkom SA (Pty) Ltd. This case reveals the lesser known of the lawful grounds for dismissal in South African employment law - incompatibility.
Can an offer to employ which is later withdrawn amount to a dismissal? - An offer of employment creates a valid contract and a later withdrawal of that offer can amount to dismissal. This is even more so if the reasons for the withdrawal of the offer are unreasonable.
Employers need to think twice before they simply suspend an employee. If the suspension turns out to be unfair, the employer may need to fork out more money than bargained for. There are two types of suspensions in the workplace, namely precautionary suspensions and punitive suspensions.
Future shifts in demands and activities are unavoidable for all professions. The future of the accounting profession as one that remains relevant and vital to the prosperity of the societies in which it operates, depends on its ability to focus on what is required to sustain its relevance in an evolving, changing, and technologically-dominated future.