How to Protect Your Company from Unlawful Springboarding
“All’s fair in love and war, but not in business.” (Modern twist on the old proverb) Your business is flying after years of hard work and personal sacrifice. Suddenly, your most trusted employees resign and set up in direct opposition to you. The speed with which they do so makes you realise there’s something fishy […]
Bad Manager or Workplace Bully? Where the Law Draws the Line
“To avoid criticism, do nothing, say nothing, be nothing.” (Elbert Hubbard) An unpleasant boss. A strained working relationship. A manager whose style leaves much to be desired. Sound familiar? For many employees, the line between a miserable workplace and an unlawful one is frustratingly blurry. A 2023 Labour Court judgment helps draw that line more […]
Workplace Harassment: It’s the Victim’s Perspective That Counts
“Sexual harassment is the most heinous conduct that plagues the workplace.” (Extract from the judgment below) Our courts have no tolerance for sexual harassment in the workplace, stressing that, at its core, it is concerned with power dynamics at work. A recent Labour Court decision has confirmed that in assessing whether or not an employee […]
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 […]
What’s the Normal Retirement Age? It’s Complicated, as The Plumber’s Tale Proves
Unlawfully forcing an employee to retire at “normal retirement age” could amount to automatically unfair age discrimination – and lead to the employer paying out a compensation order of two years’ earnings. It’s crucial to understand that, contrary to the fake news recently circulating on social media, South Africa does not have a universally applied […]
BFFs no More: The Verbal Agreement That Cost R1 Million
Not everyone knows that the verbal agreements we make every day are, with very few exceptions, every bit as valid and enforceable as formal written contracts. We’ll discuss the dangers of that with reference to a recent High Court fight between two ex-friends over a R1m payment made by one of them to the other’s […]
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…
When is resignation a constructive dismissal?
Perhaps you are an employer, and that troublesome employee who you’ve been hoping would resign does exactly that. Saving you, as you see it, from the risk, hassle, and expense of disciplinary or retrenchment proceedings. But are you really home and dry? Or perhaps you are an employee, driven to resign by your employer’s constant […]