The Labour Court has found that the man had not intended to be dishonest when he went to his "mother’s" funeral twice as well as his "Son" despite not being the biological father.
BGD discusses the interesting case of Toyota South Africa Motors (PTY) Ltd v NUMSA obo Njilo and Others (D 692/19) [2022] ZALCD 12 (14 July 2022)
The Protection of Personal Information Act (“POPIA) has been in force for over 12 months. Organizations – private and public were given a one year grace period to become compliant. There are however still a lot of grey areas in terms of what compliance looks like or even how to practically interpret and implement this new legislation.
To get a better understanding of the practical side of POPI we are joined by POPI experts Samantha Walker and Chanel Sprieman.
The recent unrest and protest action in the Tembisa community disrupted public transport leaving commuters stranded. Protesters "locked down" the community and many residents feared to leave their homes.
Many employers had employee's who were impacted or prevented from attending work as a result of the protests, but are employers still required to pay employee's who do not attend work, arguably due to no fault of their own?
In this episode BGD discusses the correct way to issue a notice to attend a disciplinary hearing.
In January 2022 we recorded an episode outlining the first (of many) awards where the CCMA found that the dismissal of (those) employees who refused to be vaccinated, despite the employers mandatory vaccine policy, were found to be fair.
However, recently in Kgomotso Tshatshu v Baroque Medical (Pty) Ltd, the CCMA awarded an employee the maximum compensation for an unfair dismissal based on operational requirements because the employee did not comply with the company’s mandatory vaccination policy.
In this episode BGD discusses whether this award should be seen as a turning point for mandatory vaccination policies, or was it simply the lack of presenting appropriate (or any) evidence that led to a seemingly contradictory award against the employer?
It is possible that the resignation by an employee may actually be found to be an unfair dismissal by an employer.
Bianca Venter join's Yas to discuss the concept of Constructive Dismissal and the circumstances where it may be found to be the case.
Health minister Joe Phaahla published a notice in the Government Gazette early last week repealing the country’s Covid–19 regulations.
Amongst other things the regulation to wear a mask in public spaces is no longer in effect.
Since then Employers have been questioning whether they can still implement the health and safety policies they have put in place.
BGD answers this question by explaining the impact of the new Code of Good Practice on Managing exposure to SARS COV 2 in the Workplace.
It is important for employers to be mindful of the obligations toward ensuring safe working environments for pregnant or breast-feeding employees in the workplace.
Attorney and Industrial Relations Specialist, Shameera Angamia, joins BGD to take us through the legal framework from the Constitution all the way through to the BCEA and case law.
Case Law:
Manyetsa v New Kleinfontein Gold Mine (Pty) Ltd (2018) 39 ILJ 415 (LC)
Mahlangu v Samancor Chrome Ltd (Eastern Chrome Mines) (JA117/2018) [2020] ZALAC
Where a whole or part of a business is transferred to another as a going concern section 197 of the Labour Relations Act comes into effect. This forces the new entity to take over all the obligations of the old undertaking.
Quite often a outsourcing undertaking may trigger s197 (of the LRA) and should both parties be unaware of such, it could land them in hot water.
BGD discusses when this may happen and what Employers should consider before outsourcing a part of their business.
Case Law:
South African Municipal Workers Union and Others v Rand Airport Management Company (Pty) Ltd and Others (JA9/03) [2004] ZALAC 17 (LAC)
Chapter 2 of the BCEA states that employees who work at night between 18H00 and 06H00 must be compensated by payment of an allowance or by reduction of working hours and transport must be available. BGD discusses what employers are required to pay as a night shift allowance and discusses the issue of transport.
Case Law:
TFD Network Africa (Pty) Ltd v Singh N.O and others (C 571/11) [2015] ZALCCT C 571/11
LabourNet National Product Manager for Skills and Equity, Kyle Wesemann helps us understand the purpose of the Employment Equity Act, who it applies to and how to implement it within your business.
For assistance with Employment Equity within your orginisation, get in touch with Kyle on wkyle@labournet.com
Load Shedding is a challenge South African business has faced for over a decade. With load shedding looming this winter, BGD explains what employers may do to prevent the adverse affects of work stoppages and being unable to do business.
Does the no work no pay principle apply? Can employees be sent home unilaterally? This is stuff employers NEED to know!
BGD takes you through the dispute resolution processes of the CCMA, from the referral process, required time frames as per the LRA and the latest gazetted CCMA Rules.
POPI and Public Bodies? How do they differentiate in their needs and obligations to private bodies and what do they need to look out for, specifically, themselves. In studio to discuss the above we had Samantha Walker and Chanel Sprieman, LabourNet POPI experts!
Employers provide may different types of Leave, but which are governed by the BCEA and what are their provisions and conditions?
Industrial Relations Manager, Elzabe Nieuwoudt, joins BGD to discuss the various BCEA leave entitlements and laws governing annual leave, sick leave, family responsibility leave, maternity leave and parental leave.
Jakobus Le Roux joins BGD in a discussion regarding Organisational Rights of Registered Trade Unions. Also, what does an Employer do when political parties attempt to collectively bargain on behalf of their “members” ?
BGD and Yas go through a few more of the questions received for the episode on The Use of Fixed Term Contracts – Are These Employees Now Permanent? https://open.spotify.com/episode/0VdjMs6RicHmSqlAzzBj6C?si=mMJz53NKSSeViKb3NbfcZQ
BGD and Yas go through some of the questions received for the episode on The Use of Fixed Term Contracts – Are These Employees Now Permanent? https://open.spotify.com/episode/0VdjMs6RicHmSqlAzzBj6C?si=mMJz53NKSSeViKb3NbfcZQ
There are vast misconceptions with regards to the appropriate and legally correct use of fixed term contracts or temporary service agreements.
New legislation may now deem employees on fixed term contracts to actually be permanently employed.
In this episode, BGD and guest Adri Louw discuss the laws and regulations of non-standard employment.
BGD gives Yas a summary of calculating monthly, weekly, daily and hourly wages or remuneration.
Summary of calculations:
Hourly Wage = Daily wage / # of ordinary hours worked in a day
or
Hourly Wage = Weekly wage / # of ordinary hours worked in a week
Daily Rate = Hourly wage x # of ordinary hours worked in a day
or
Daily Rate = Weekly wage / # of ordinary days worked in a week
Weekly Wage = Daily wage x # of ordinary days worked in a week
or
Weekly Wage = Monthly wage / 4.33
Monthly Wage = Weekly wage x 4.33
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