process for suspending an employee
Process for suspending an employee in South African law

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…

labour law mediation
The Benefits of Labour Law Mediation

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…

Mental Illness and Disciplinary Action

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…

aggravating factors and mitigating factors
What are Aggravating Factors and Mitigating Factors?

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…

maternity leave
When can an employee take maternity leave?

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
Disciplinary action for refusing to vaccinate

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…

Process for unfair retrenchment claims

With the current state of the economy, many companies are retrenching employees, giving rise to potential claims against those companies. The process for unfair retrenchment claims depends on a number of factors, and it is…

hearsay evidence in the CCMA
Admissibility of Hearsay Evidence in the CCMA

There is often a debate about the admission of hearsay evidence in the CCMA, and whether the rules of evidence are more relaxed in the CCMA than in the Labour Court, allowing for hearsay evidence…

dereliction of duty and poor performance
Dereliction of duty and poor performance

Employers often face the situation where an employee fails to do his / her job properly. It is necessary, in such cases, to understand the difference between dereliction of duty and poor performance. This distinction…

COIDA claims for Covid-19
COIDA claims for Covid-19

COIDA provides for employees to receive compensation for injuries and diseases contracted at work. Given the current pandemic, many employers are grappling with whether or not to submit COIDA claims for Covid-19. The issue is…