Tag: disciplinary code

Despite South Africa’s employment equity legislation, the biases and discrimination that characterised the ‘old South Africa’ still exists in the hearts and minds of many people. Such unfair discrimination could include, but is not limited to, discrimination on arbitrary or subjective grounds such as race, gender, family responsibility, religion, age, disability, opinion, and trade union affiliation.

A while ago, I received a panic phone call from an employer who had received an unfavourable arbitration award in respect of a CCMA case they never knew existed. That is, the employer had never received a summons to appear at the CCMA but the award required the employer to pay tens of thousands of rand to an ex-employee.

A recent tweet made by a director of Cricket South Africa relating to a cancelled sponsorship highlights an issue for South African boards: the risk represented by social media. Social media has become a key communications channel, but poses particular risks for organisations and especially their directors.

The concept of strikes is not new to South African employers and employees alike. However, within the realm of striking and strike protection there are certain rules and regulations that may be unknown. This is particularly true when it comes to the repercussions of carrying a weapon during a strike.

Employees engaged in strike action who carry dangerous weapons during a strike run the risk of dismissal. The act of carrying weapons exposes others to the risk of injury and also serves to threaten and intimidate others. This kind of conduct is not protected by the right to strike.

Social Media represents one of the most significant developments in human communication and has undoubtedly changed the way we interact and share information. Social media has become a prevailing presence in our lives, including the workplace, and therefore poses a significant risk to the reputational integrity of employees and employers.