Category: Labour Briefs

LRA AND DEEMING PROVISION (Business Day July 2019)

7 August 2019 LABOUR BRIEF NO. 419 In the first quarter of 2019 the unemployment rate was 27.6%. At the end of the fourth quarter of 2018 it was 27.1%. As can be seen, the number of people without jobs is remaining static around the 27% mark The Temporary Employment Services (TES) market has provided…

Lying about qualifications on a CV could lead to jail time

7 July 2019 LABOUR BRIEF NO. 418 The National Qualifications Amendment Bill has recently been passed, and if President Cyril Ramaphosa accepts it, it means that candidates who misrepresent their qualifications on their CV can get jail time. This bill aims to ensure that people are adequately qualified for the positions they apply for. Lying…

5 Rules on employee privacy and confidentiality

7 May 2019 LABOUR BRIEF NO. 516 1.0) Five (5) rules on employee privacy and confidentiality. . . . No one should hold onto personal information about an employee that isn’t necessary for the operation of the business. Only members of staff who need to have access to personal data about employees should be authorised…

Innocent attraction vs sexual harassment!

14th October 2018 LABOUR BRIEF NO. 413 In the judgment discussed in this alert, the Labour Court held that there is everything wrong when employees express their affection in the workplace to each other, to the point where the conduct in question is frowned upon, as it crosses that fine line between innocent attraction and…

Can annual leave be forfeited?

9th October 2018 LABOUR BRIEF NO. 412 Question: Can annual leave be forfeited? Answer: (a) Non-statutory annual leave (i.e. leave granted in excess of the minimum statutory leave) can be forfeited. (b) The forfeiture of statutory annual leave is more controversial, but the most recent labour court judgement indicates that it can be forfeited. Non-statutory…

Protection of Employee data: Protection of Personal Information Act (POPI)

9th September 2018 LABOUR BRIEF NO. 411 Numerous “information” legislation, including Kind (3) and other Government guidelines, are very clear about the onus and obligations of Employers/Business to ensure that personal and personnel information is adequately protected and confidential. Of the most onerous of these is of course the (POPI) Act!  This Act hold non-compliant…

It’s all in the head

9th July 2018 LABOUR BRIEF NO. 410 There is a steady increase in the diagnosis of mental illness in the workplace. Mental illness still carries a social stigma which may make sufferers reluctant to seek help. Unlike other illnesses mental illness may not manifest physically and is harder to detect. This often leads to the…

The triangular relationship between broker, employee and client

9th May 2018 LABOUR BRIEF NO. 409 Who is in control? When it comes to labour brokers, all has been said and done! Or has it? The proposed amendments are out since December 2010 and we are eagerly (depending on which side of the fence you are!) awaiting the implementation of these amendments or the…

Payments and deductions on termination

09th April 2018 LABOUR BRIEF NO. 408 Employers are not always aware of what an employee is entitled to upon termination of service. Especially, when the relationship ends with debt owed to the employer. Can the employer for instance, deduct the debt from the employee’s salary, leave pay or pension benefits and if so, how…

The relevance of lapsed disciplinary warnings

09th March 2018 LABOUR BRIEF NO. 407 Can lapsed warnings be taken into account when an employee faces disciplinary action? Here is a typical scenario: An employee with a poor disciplinary record again transgresses, but the previous warnings for similar incidents have expired. May the employer consider the employee’s disciplinary history as a whole when…