The use of a consultancy agreement vs employment contract can lead to labour disputes as employers often issue consultancy agreements to staff and take them on as independent contractors rather than employees. This is done…

In order to win a constructive dismissal case, it is important to understand three things: 1. what a constructive dismissal is; 2. how the onus of proof works; and 3. what must be established to…

One of the most challenging areas that arises in disciplinary proceedings where a finding of guilt is made, is remorse and progressive discipline. If an employee has acknowledged wrongdoing and committed not to repeat the…

When an employee is retrenched, the employee becomes entitled to be paid severance pay. The calculation of severance pay, according to the Basic Conditions of Employment Act, is one week’s remuneration per completed year of…

Historically, the process for suspending an employee was fairly complex. The law on suspensions was interpreted by the Labour Court as requiring a pre-suspension hearing in which the employee was required to be given an…

In recent times, many employers are turning to labour law mediation as an alternative means of resolving labour disputes. The process involves a neutral third party, who is skilled in mediation, attempting to facilitate a…

In the employment context, the situation may arise where there is a link between mental illness and disciplinary action.Employers must deal carefully with these situations, as if they are not correctly managed, this can give…

In a disciplinary hearing, reference may be made to aggravating factors and mitigating factors. This post addresses the meaning of these concepts, and how they should be approached by the parties to the hearing. A…

There are a number of complexities around how maternity leave works. One area where complexities arise, is the timing, and in particular, who decides when an employee must take maternity leave? Is the employee allowed…

Many employers are considering adopting policies on vaccination for their workforces, and some such policies include provisions on disciplinary action for refusing to vaccinate. But when can an employer impose disciplinary action for refusing to…