Tag: EmployeeRights

The Compensation for Occupational Injuries and Diseases Act (COIDA) requires the state’s Compensation Commissioner to compensate employees for losses resulting from workplace injuries. This applies when an injury complies with the legal definition. Some employers also acquire workplace injury cover from private insurance companies. However, these companies sometimes reject claims and create unnecessary workplace slip-ups for employees seeking compensation.

The concept of insubordination means ‘refusal to obey a lawful and reasonable instruction’. Gross insubordination can be a ground for dismissal. However, the employer has the onus of proving that the act was, in fact, one of insubordination and that it was gross (very serious). An employer’s belief that insubordination has occurred can easily trigger an emotional response from the executive who issued the instruction.

Whether you are a business owner or responsible for Human Resources (HR), the issue of cannabis use among employees will likely arise at some point. According to research released by the United Nations in 2020, about 3% of the South African population reported Cannabis use. That equals roughly 2 million people.

Can employers pay bonuses to non-strikers during a protected strike? During a protected strike, tensions rise and both sides make difficult choices. This Alert explores the legal position by examining Solidarity obo C J Arendse and 38 Others vs Heineken Beverages (Pty) Ltd, a recent Labour Court judgment.

Since the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (Code) came into effect, harassment claims have increased. These include sexual harassment, racial discrimination and gender-based bullying. They also include harassment based on arbitrary or prohibited grounds.

Employers too often base appointment decisions on private agendas rather than employment policy. As a result, fairness to applicants suffers. Although management prerogative exists, the law limits its reach. It must operate within principles of reasonableness and fairness. Therefore, management decisions must rest on proven facts.

On 12 September 2025, the Labour Court handed down judgment in Nedbank Limited vs Olwage and Others. The court set aside an arbitration award that had found the dismissal of a former employee substantively unfair. The judgment provides critical guidance on how decision-makers should assess harassment allegations. It also clarifies the role of arbitrators. Importantly, it reinforces the need for a victim-centred lens.

Section 187(2)(b) of the Labour Relations Act (LRA) provides that a dismissal may be fair if the employee has reached the normal or agreed retirement age. This means termination based on the employee’s age might not constitute unfair discrimination if the employee has reached retirement age.This distinction is important. It is crucial when considering dismissals that occur after an employee has passed retirement age.

Unprotected strikes will often merit dismissal where the employer has not provoked them. However, even where there has been no provocation, such dismissal can be found to be unfair.

Deciding to leave your job is a significant step, but knowing how to resign properly under South African law can make the difference between...