Tag: EmploymentLaw

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.

South Africa has taken a major step toward workplace equality. The Constitutional Court issued a landmark decision. The court introduced a new parental leave ruling that reshapes family rights at work. This new parental leave ruling allows parents to share four months and ten days of parental leave. They may use this leave after birth, adoption or surrogacy. It replaces the old system that gave mothers extended maternity leave.

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.

The Labour Appeal Court (LAC) has handed down a significant decision addressing a question that many employers and legal practitioners regularly confront. Can a disciplinary chairperson reject a lenient sanction emerging from a plea-bargaining process? The LAC answered this question in South African Police Services vs Mkonto and Others. The judgment also highlights the limits of leniency within disciplinary proceedings.

People are the beating heart of every business. They bring perspective, ingenuity, skills and experience that help organisations excel and deliver results. However, employment relationships do not always work out. A person may not suit their role and responsibilities. They may also fail to align with the company culture or behave poorly in the workplace.

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.

When arbitrators and judges assess whether a dismissal was fair, they must apply the objective test. In simple terms, they must decide whether a reasonable person would conclude that the conduct justified dismissal. This assessment must remain unemotional and evidence-based. However, misunderstanding the objective test often leads to incorrect conclusions.

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.

South African labour law is often accused of being “too employee-friendly”. Employers complain that the Commission for Conciliation, Mediation and Arbitration (CCMA) favours workers, that dismissal has become impossible, and that labour regulation is strangling business.