Tag: Labour Relations Act (LRA)

An employer may dismiss an employee if he or she has lodged a grievance against another employee which is false. Dismissing an employee for doing so does not amount to an automatically unfair dismissal because the lodging of a grievance is not the same as exercising a right conferred by law.

The law prohibits employers from disciplining employees who are ill or disabled. The Employment Equity Act prohibits unfair discrimination against employees on the grounds of illness. Section 187(1)(f) of the Labour Relations Act  (LRA) renders automatically unfair a dismissal implemented due to the employee’s illness.

As COVID-19 cases continue to rise sharply in South Africa, employers will be under increased pressure to ensure that their workers are operating under conditions of safety and protection. Companies are required to ensure their strict compliance with the various Acts and COVID-19 Regulations, including the Occupational Health & Safety Act, Labour Act, Consumer Protection Act, Disaster Management Act and more.

Blame "Capital Monopoly" if you must, but blame "White Monopoly Capital" at your peril. The South African Government's strategy, when dealing with the economic fallout, has been to set itself off against Business squarely, being the demon in society, while characterising Government as the White Knight out to protect society against the ravages of bad Business.

With the easing of the nationwide lockdown in response to the COVID-19 pandemic through the Government's 'Risk Adjusted Strategy' (comprising of five lockdown levels), more and more business can lawfully operate again. As a result, employees will be returning to work and employers will be obliged to remunerate them again.

With the commencement of Level 3 of COVID-19 lockdown on 01 June, many employers are feeling overwhelmed with their obligations to meet the regulatory requirements and ensure the health and safety of those employees, who have returned to work, and are needing assistance in establishing the various protocols for the prevention of the spread of COVID-19 in the workplace.

The globe is on lockdown at the moment as we all face the COVID-19 pandemic, and this is a time which is creating a lot of fear, anxiety and uncertainty in the workplace. It is not just with people now having to work from home, but for those who have pursued new job opportunities and received job offers to start during or after lockdown, and now face a highly unnerving state of anxiety about if they will start or not or if their offers will be withdrawn or if they should even hand in their resignations.

The President’s address on the evening of 15 March 2020 sets out a range of measures that have been and will have to be taken in respect of COVID-19. Specifically, under the banner of the Disaster Management Act he proclaimed a national state of disaster (Section 27).

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. 

The Constitutional Court delivered judgement in the case of Association of Mine Workers and Construction Union and Others v Royal Bafokeng Platinum Mine Limited and Others. In this matter, the constitutionality of Section 189(1) of the Labour Relations Act (LRA) was debated.