Changing resignation to retrenchment

Employees who resign from their employment often enter into settlement negotiations with their employer following their resignation Those negotiations often take place in the CCMA or in the Labour Court, when the employee has referred…

Consultancy agreement vs employment contract

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…

remorse and progressive discipline
Remorse and progressive discipline

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…

calculation of severance pay
Calculation of severance pay

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…

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…