Employee confessions - are they valid? LAC ruling

[Chloë Loubser] In its first judgment of the year, in the matter of Brauns and Others v Wilkes N.O and Others, the Labour Appeal Court (LAC) dismissed an appeal by former employees of the South African Police Service who had challenged their dismissals for dishonesty relating to overtime claims...

Claiming constructive dismissal - take advice from your wingman

[Johan Botes] If you enjoyed Top Gun: Maverick in 2022, consider its predecessor, released in South Africa in 1986. That year, we not only imported an iconic movie into our popular culture but also the concept of constructive dismissal into our law...

Too sick to work, but well enough to march? Not so fast...

[Johan Botes] Abuse of sick leave is neither novel nor rare. When revellers are having a blast in the wee hours of the morning and one of them bemoans the fact that they must report for work in a couple of hours, chances are someone will suggest that they just book off sick the next day...

Confidentiality clauses - whistles can't be blown if employer consent is required

[Johan Botes] When employers settle employment disputes with staff, the standard practice includes adding a confidentiality undertaking to the settlement agreement. But, what happens when an employee discloses confidential information during legal proceedings?

New workplace codes of good practice to ensure employees keep their hands to themselves

[Johan Botes] Let's be clear, an employee would certainly have been dismissed for misconduct in most jurisdictions for slapping the presenter of an award show, or anyone else for that matter...

How the latest Covid-19 regulations impact employers, employees

[Johan Botes] The South African cabinet announced changes to Adjusted Alert Level 1 on 31 January 2022, effective immediately...

If you did not do it, could you still be guilty?

[Johan Botes] Just because you did it, does not mean you're guilty! This pearl of wisdom proudly featured on the billboard advertising the services of an attorney in the USA...

CCMA matters: Who will watch the watchers?

[Johan Botes] Faith in the statutory dispute resolution system hinges on the sound exercise of judgment by commissioners. But what happens when the commissioner is the one committing the misconduct...?

Caught looting? It could cost you your job...

[Johan Botes] Businesses in South Africa have been seeking advice on how to deal with the impact of recent riots, unrest and looting...

Ban on social gatherings - no longer just a suggestion

[Jonathan Goldberg] When South Africa moved to level 4, on 1 May 2020, social gatherings were not allowed. In the latest Covid direction, all social gatherings are outlawed...

Fired for coming to work with Covid - dismissal deemed fair by court

[Johan Botes] Is it fair to dismiss an employee who came to work, knowing that he was exposed to Covid-19? Absolutely, said the Labour Court in a recent judgment...

Let's get constructive about constructive dismissal - you can still be fired

[Johan Botes] Very few workplace issues elicit as firmly held views or fears as the topic of constructive dismissal. Whether it is a manager, fearful of doing something wrong and at risk of an employee lodging the dreadful claim of constructive dismissal, or Harvey Spectre wannabes cascading their views on the legal impact of such a claim: say "constructive dismissal" and you have everyone's attention...

It's leave, Karen, not a savings plan

[Johan Botes] Whenever an employee's services are terminated, or an annual leave cycle ends, there will be at least two people arguing about whether the employee's old, untaken annual leave could be accumulated and paid out...

Limited duration employment contracts - unlimited hassles when not properly managed

[Johan Botes] Employers use limited duration contracts (LDCs) to create certainty and limit legal risk in respect of staffing solutions. Appointing an employee for a fixed period or defined project allows an employer to plan for the employee's exit in advance. But what happens when the work is not completed by the end date...?

Disproportionate impact of Covid-19 on women in the workplace

[Johan Botes] Women are unable to escape disparate treatment in the workplace, with even the current global pandemic causing greater upheaval for them compared to their male counterparts...

Alternatives to dismissal - contemplating retrenchments post Covid-19

[Johan Botes] The issue of when an employer should explore alternatives to retrenchment has never been more relevant than now, as businesses begin to respond to the impacts of Covid-19 on their operations...

TERS payments are exempt from PAYE

[Graeme Palmer] Businesses registered with the Unemployment Insurance Fund (UIF) that are suffering financial distress as a direct result of the Covid-19 pandemic qualify to receive financial relief from the Temporary Employee / Employer Relief Scheme...

Q&A - pressing issues employers are addressing in light of the coronavirus outbreak

[Johan Botes] Johan Botes, partner and head of the Employment & Compensation Practice at Baker McKenzie Johannesburg, addresses a series of questions many South African employees and employers are asking amid the the coronavirus (Covid-19) outbreak...

Employee rights proposed for film and TV industry workers

[Johan Botes] On 11 December 2019, the Minister of Labour in South Africa issued a notice calling for interested parties to make submissions on his proposal to deem persons in the film and television industry as employees for the purpose of selected portions of South Africa's employment law...

The (tax) benefit of keeping employees incentivised

[Graeme Palmer] Are expenses incurred in maintaining a content and motivated workforce part of the costs of a taxpayer's income-producing operations...?