In today's fast-paced and demanding work environment, staff wellbeing has become an increasingly important topic. It refers to the...

Previously we interpreted the definition of an “Employee” as per the Basic Conditions of Employment Act (BCEA) and the Labour Relations...

Permacrisis – “an extended period of instability and insecurity, especially one resulting from a series of catastrophic events.” Due to...

The Labour Relations Act (LRA) and Basic Conditions of Employment Act (BCEA) specifically regulate the employment of persons who are...

When deciding whether a person is an employee rather than an independent contractor, the courts follow an approach usually referred to as...

The Occupational Health and Safety Act, of 1993, requires the employer to bring about and maintain, as far as reasonably practicable, a...

The Code of Good Practice: Who is an employee, is in terms of section 200A (4) and section 203 of the Labour Relations Act (LRA). It is a...

Evidence must be accurate, reliable, and probable. When evaluating evidence, don’t look at any evidence in isolation – look at it...

The complainant and the chairperson must know the differences in the various types of evidence, what weight a certain type of evidence...

Who does what? People are often confused by the title given to the participants at a disciplinary hearing. And the function of each...

Prior to a disciplinary hearing – at least two days before the hearing – you must have all your preparation completed. You must have all...

The most common disputes referred to the CCMA and or Bargaining Council and mistakes made by employers relate to procedural...

Deciding on the charges Another common procedural error occurs when the employer decides to charge the employee. Many employers have a...

Whilst there may not be any specific legislation concerning the submission or taking of statements, there is a right way and a wrong way...

Identify the offense 1st Step – the accused person is an employee of the company This might seem to be stating the obvious, but the first...

The following forms of misconduct are seen as serious and may lead to the dismissal of an employee. When an employee commits one or more...

Misconduct is 1 (one) of 3 (three) grounds recognised by the Labour Relations Act (LRA) to justify the dismissal of employees. Employees,...

Section 188 of the Labour Relations Act (LRA) provides that, to be fair, a dismissal that is not automatically unfair must be for a fair...

In the workplace, misconduct is the concept that is used when an employee disregards the rules of the workplace. These rules may arise...

Unlawful and unfair dismissals The common law has been concerned with unlawful dismissals only – provided the required notice is given to...