Alcohol at Work: The Cough Mixture Defence
“The employer shall ensure, as far as is reasonably practicable, that all persons who may be directly affected by his activities are not thereby exposed to hazards to their health or safety.” (Occupational Health and Safety Act) The season of goodwill, holidays, celebrations, and year-end functions is upon us once again. And with it comes […]
Honesty at Work: A 50c Coin Costs a Bank Teller Her Job
How can you protect yourself from employee dishonesty? And just how dishonest does an employee have to be to justify dismissal? A recent Labour Court judgment confirmed as fair the dismissal of a bank teller for failing to report discrepancies in her till’s cash balance, and for then attempting to cover them up by stealing […]
Cannabis Policies in the Workplace: A Delicate Balancing Act
The continuously evolving legal landscape surrounding cannabis use both at home and in the workplace presents significant challenges to employers.
On the one hand, you have your duty to ensure safe working conditions for all employees and others in the workplace, on the other you have the very strong employee rights to individual privacy and dignity enshrined in our Constitution. Navigating your way through these unsettled waters requires a delicate balancing act, as a recent Labour Appeal Court award of over R1m to a wrongfully dismissed employee shows…
Fired for a Racist Facebook Post
“The seriousness and gravity of offences involving racism and racial hatred cannot be over-emphasised. Employers are under a duty to provide a safe working environment and to protect all employees from harm, whether physical or emotional, whether they are black or white. An employer can be held liable for failure to take any action against […]
Cannabis in the Workplace: Can You Dismiss?
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 […]