Tag: Aadil Patel

Over-indebtedness is becoming a pervasive issue in South Africa. It carries profound legal, psychological and social consequences. Beyond its clear economic impact, excessive debt has been linked to deteriorating mental health, impaired decision-making, and reduced functional capacity. These effects raise a critical question for employment law: to what extent can over-indebtedness constitute incapacity or serve as a mitigating factor in cases of employee misconduct?

In the coming weeks, South Africans of various faiths will observe significant religious holidays, including Easter. The tension between religious beliefs and workplace demands can cause issues for both employers and employees. These issues arise especially if job requirements are not explicitly and clearly stated in an employment contract.

On 1 January 2019, section 73A of the Basic Conditions of Employment Act 75 of 1997 (BCEA) came into effect. This relatively new provision permits employees earning below the prescribed threshold to claim monies owing to them in terms of the National Minimum Wage Act, the BCEA, a collective agreement, a sectoral determination or a contract of employment at the Commission for Conciliation, Mediation and Arbitration (CCMA).

On Friday, 11 June 2021, the Department of Employment and Labour issued an updated Occupational Health and Safety Directive which, among other things, expressly permits an employer to implement a mandatory workplace vaccination policy subject to specific guidelines.

The Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates sick leave entitlement. In terms of section 22 of the BCEA, the 'sick leave cycle' means the period of 36 months’ employment with the same employer immediately following an employee’s commencement of employment. 

Every employer has a right to privacy and as such employees should tread carefully when recording business-related activities, as they could find themselves in breach of confidentiality owed to their employer. While the law provides some leeway for employers to record the conversations and activities of employees, whilst they are engaged in business related activities, and use such recordings against them, as long as it is 'in the interests of justice to do so', employees have a lot less space to manoeuvre when recording the activities of their employers

Aadil Patel | National Practice Head & Director | Employment Practice | Cliffe Dekker Hofmeyr | mail me | While there have been important strides...

In the recent case of NUMSA obo Nomanyane and another v Grupo Antolin (Pty) Ltd MICT28342, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.

Employers must ensure they follow the right labour relations steps amidst a tough environment. Having recently slipped into a technical recession, the South African economy continues to experience dangerously low levels of economic growth, which does not bode well for national employment figures. Making matters worse is the technologically driven fourth industrial revolution which continues to threaten redundancy on a variety of jobs.

Your social media posts, as well your comments and likes on other people’s posts, can be liked or shared and can easily make their way to your employer. A racist comment made on social media is very serious and it is potentially accessible to hundreds, if not thousands, of other social media users. Even if the post is deleted, once it is shared or if some has taken a screen shot, it can continue circulating on social media or the internet.