Considerations for dismissal based on refusal to be vaccinated

The distribution of a COVID-19 vaccine is seen as a fundamental component to ending the pandemic. However, mandatory vaccinations in the workplace should be treated with caution by all employers. As it stands, there is currently no legislation in South African law that specifically requires an employee to be vaccinated against COVID-19. As a point of departure, the Occupational Health and Safety Act mandates all employers to provide and …

Have you finally had enough?

Constructive dismissal is defined as a situation in the workplace, created by the employer, that renders the continuation of the employment relationship intolerable to the extent that the employee has no other option but to resign. In CEPPAWU & another v Glass & Aluminium, the Court explained it best, stating that constructive dismissal involves a resignation due to the work environment becoming …

Is resigning a get out of jail free card?

The employment relationship is based on the Law of Contract in that a Contract of Employment governs the details of the relationship as is prescribed by labour legislation. In the case of Sihlali vs SABC Limited, (2010) 31 ICJ 1477 (LC), the trite position in law was reiterated that resignation is a “unilateral” act.  It is however so that almost …

Have you hired the wrong person for the job?

When a company grows, the number of employees grows too and while this is an exciting venture, the pressure to fill new positions may lead recruiters to hire someone who does not fulfil the role at all. The decision to hire someone undesirable can be called a “bad hire”. The unfortunate part of this mistake is taking action, which could …

Domestic workers: Now able to claim for injuries on duty

For a long time, the Compensation for Occupational Injuries and Diseases Act, better known as COIDA, has provided compensation to employees who were injured on duty or contracted diseases or illnesses caused by the workplace. However, the Act explicitly excluded certain employees from its scope of operation, amongst others, domestic workers in private households. Dependents of deceased domestic workers, who …

How to deal with retrenchment proactively

Today’s crippling economy has caused retrenchment to become a very real thing faced by many employees all over the world. For companies to be more efficient and to reduce costs, retrenching their current employees becomes the only solution. In the worst-case scenario, companies need to retrench their employees to keep their doors open. During the retrenchment consultation process, many people …

Assertiveness in the workplace

Being assertive in the workplace will not only boost your self-esteem, but will also have a positive impact on your professional career. Every organisation, no matter the industry, will have bossy co-workers, lazy team members, and overbearing managers. If you stand up to these individuals in a professional and respectful manner, that’s being assertive. There are many benefits to being …

A guide to employee performance reviews

Performance reviews are not only of value for the employer but also for the employee being reviewed. Performance reviews allow both employers and employees an opportunity to discuss what is working and what is not. When conducting a performance review, it is important to note that vague reviews of an employees’ performance, simply won’t suffice. In some cases, there are …

POPI and your payroll

The requirements of the POPI Act stipulates that an entity is required to take reasonable measures of a technical, as well as organisational nature, to ensure the adequate safeguarding of personal information. Personal Information, according to the Protection of Personal Information Act, 2013 includes the following: Information relating to the following of a person: Race/nationality/ethnic/social origin/colour Gender/sex Pregnancy Marital status …

Am I still protected without an employment contract?

This article looks at the continued relevancy of the employment contract in legal practice today. In 2014, the legislator amended section 186(1)(a) of the Labour Relations Act, 66 of 1995 (LRA), which deals with unfair dismissals, by removing the words “contract of” within the definition, leaving only the word “employment”. This gives the idea that the legislator accepts that the …