Demotion as a Disciplinary Measure
When an employee is found guilty of serious misconduct, the first thing that comes to mind is dismissal. But is firing someone always the only, or the best option? In South African Labour Law, demotion is a lesser known but important alternative to dismissal that can offer a fair solution for both employer and employee. […]
Age Discrimination in South Africa: Safeguarding the Rights of Older Employees
Age discrimination, especially in the context of employment, is a pervasive issue across many countries, including South Africa. In the labour law framework of South Africa, age is a prohibited ground of discrimination under the Employment Equity Act (EEA). The rise of aging populations and the increased need for extended working careers have forced employers […]
How Does Section 73A of the BCEA Apply to Independent Contractors?
The difference between employees and independent contractors carries significant weight within the employment law sector. Being considered an employee affords you a plethora of protections and dispute resolution mechanisms, while the other, not so much. But what happens in the case where you worked for someone, and they refuse to pay the monies due to […]
When Can My Employer Convert My Paid Suspension to Unpaid?
Generally, employees suspended during a disciplinary enquiry are entitled to their full salary. This suspension allows for a thorough investigation of the incident in the workplace without distractions or obstructions by the employee. However, there are times when an employer might feel that they’re being ‘bled out’ by an employee. This article answers the question […]
Can Employees Be Dismissed for WhatsApp Messages?
How widely and consistently do you use WhatsApp in your workplace? Do you have WhatsApp groups designated for work purposes? Can you freely express your opinion on certain topics while in those WhatsApp groups? Given the social media era that has dawned within the workplace, a crucial question that needs to be addressed is whether […]
The Art of Breathing: I Failed the Breathalyser Test in My Workplace. What Now?
For years, breathalyser tests were a primary method to determine whether employees tested positive for alcohol. These results have been used by employers to sanction employees if the tests were positive. But what happens when an employee claims that a positive result on a breathalyser test is incorrect and still gets dismissed? The recent judgment […]