“…it has been suggested that bullying refers to any unfavourable or offensive conduct on the part of a person or persons, which has the effect of creating a hostile workplace environment… In these terms, bullying includes a wide range of insulting, demeaning or intimidating behaviour that lowers their self-esteem or self-confidence of an employee” (quoted […]
Workplace Bullying – Can You Claim Constructive Dismissal? Read More »
A recent CCMA (Commission for Conciliation, Mediation and Arbitration) ruling, in which an employee’s dismissal for smoking cannabis before work was set aside and he was re-instated, has garnered a lot of media attention. Unfortunately, some of the resultant articles and headlines may have given the inaccurate impression that employees are now free to report
“O brave new world” (Shakespeare) The COVID-19 pandemic will doubtless lead to many new developments on the legal front. For example, with widespread employee retrenchment now an unfortunate reality in our struggling economy, all employers, employees and trade unions should know of an important new Labour Court decision validating the use of remote conferencing for
Our Brave New World: Using Zoom for Retrenchment Consultations Read More »
If you are one of the many employees retrenched or put on short pay or unpaid leave as a result of the COVID-19 crisis and lockdown, you will be wondering how to cover the monthly instalments on your mortgage bond and other credit agreements. You have no doubt heard of the “payment holidays” banks are
Unemployed, Can’t Pay Bond and Credit Instalments? “Credit Life Insurance” May Save You Read More »
“The secret of crisis management is not good vs. bad, it’s preventing the bad from getting worse” (Andy Gilman) We can only guess at how the COVID-19 coronavirus outbreak will end, but let’s all take whatever concrete steps we can right now to lessen its impact on our personal lives, on our businesses, and on
COVID-19: Small Businesses, Employment Laws, and Survival Support Read More »
“…the default position is that an executive director or a senior employee may not carry on business activities which fall within the scope of his company’s business during the time when he serves as director or works as employee. The default position however changes on resignation.” (Extract from judgment below) What happens if relations between
How to Stop an Ex-Director from Competing With You Read More »
People who say they sleep like a baby usually dont have one (Psychologist Leo J Burke) It has taken over a year of confusion and delay around when new changes will be implemented, but finally your extended rights to parental leave and to an Unemployment Insurance Fund (UIF) claim have fully commence. Heres an update/refresher
Employees: Your New Rights to Paternity and Parental Leave Read More »
“… arbitrators should hesitate to interfere with employer’s decisions on whether probationary employees have attained the required performance standard, or with the standards themselves” (extract from judgment below) Our laws allow employers to hire new employees on a probationary basis, and doing so can give both parties time to assess how good the “fit” actually
Employees on Probation: Can You Dismiss for Poor Performance? Read More »
“…the employer has a duty to investigate all possible alternatives short of dismissal, and this duty accords with the onus of proving the fairness of the dismissal” (extract from judgment below) An employee who fails to perform adequately at work is by definition not fulfilling his or her side of the employment bargain, but that
What is Poor Work Performance? A Case of Missed Sales Targets Read More »
“The employer has a duty to reasonably accommodate an employee’s religious freedom unless it is impossible to do so without causing itself undue hardship. It is not enough that it may have a legitimate commercial rationale. The duty of reasonable accommodation imposed on the employer is one of modification or adjustment to a job or
Employers: What is Your Duty to Accommodate Religious Beliefs? Read More »
