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Ethics and flexible working
Ethics and flexible workingArticle

According to a 2021 World Economic forum survey (Buchholz, 2021), 65% of previously office-based employees wish to continue with remote working, post-pandemic. If we survey employers, 24% responded that they wanted employees back in the physical workplace (Smith, 2021).

Beverley Bartlett, Issued by Milpark Education 11 May 2021

Legalities of dismissing striking employees, despite compliance with ultimatum
Legalities of dismissing striking employees, despite compliance with ultimatumArticle

Are employers, who issue provisional ultimatums to employees who participate in unprotected strike action, legally allowed to dismiss employees who comply with the ultimatum...?

Jacques van Wyk and Andre van Heerden 5 May 2021

Spar workers end strike after agreement reached
Spar workers end strike after agreement reachedArticle

A six-week strike by more than 130 workers of Spar distribution centre in Gqeberha has ended after they reached an agreement with management last week...

Joseph Chirume 5 May 2021

Can your side hustle get you fired?
Can your side hustle get you fired?Article

Relying on a single income may prove unfeasible, but before getting that side hustle off the ground, employees must know what their employment contract states...

20 Apr 2021

Can staff be dismissed for disregarding Covid-19 protocol after hours?
Can staff be dismissed for disregarding Covid-19 protocol after hours?Article

Employers are within their rights to discipline employees who flout Covid-19 regulations outside of work, which could even result in dismissals...

24 Mar 2021

Can employees refuse to come to work for fear of the pandemic?
Can employees refuse to come to work for fear of the pandemic?Article

While employers are mandated to try ensure their employees health and safety in the workplace during the pandemic, what happens if a worker refuses to return...?

George Herbst 25 Feb 2021

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

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...

Johan Botes 26 Jan 2021

Resigning to avoid disciplinary action? Not so fast...
Resigning to avoid disciplinary action? Not so fast...Article

A common occurrence in the employment relationship is for an employee to resign in the face of disciplinary action by an employer, and South African courts have previously accepted that as long as an employee resigns with immediate effect, the employer has no power to compel the former employee to go through any disciplinary process...

Bradley Workman-Davies and Neo Sewela 15 Dec 2020

Resigning after disciplinary action but before sanction - what is the legal effect?
Resigning after disciplinary action but before sanction - what is the legal effect?Article

The Labour Court in a recent judgment considered whether an employee who has been found guilty of serious misconduct can avoid the ultimate sanction of dismissal by resigning before the employer imposes the sanction...

Mpumelelo Nxumalo, Nivaani Moodley and Shane Johnson 14 Oct 2020

New claims and questions from City Press journalist
New claims and questions from City Press journalistArticle

The latest enquiries from the City Press journalist regrettably seeks once more to elevate anonymous emails beyond their merit...

Professor Ihron Rensburg, Issued by Vaal University of Technology 7 Aug 2020

Latest changes to the Covid-19 OHS directive and what they mean for employers
Latest changes to the Covid-19 OHS directive and what they mean for employersArticle

On 4 June 2020, Government repealed the Covid-19 Occupational Health and Safety Measures in Workplaces (OHS Directive) and replaced it with the Consolidated Covid-19 Direction on Health and Safety in the Workplace (the Consolidated Directive) which, while largely similar to the former OHS Directive, is materially different in certain respects...

Jaime Myhill 18 Jun 2020

Balancing employee religious rights and the need for protective equipment
Balancing employee religious rights and the need for protective equipmentArticle

The coronavirus pandemic has brought to the fore the rights of an employer to insist on the wearing of personal protective equipment (PPE). However, there may be instances where employees are unable or unwilling to wear the prescribed PPE, as doing so would go against their religious beliefs...

Laura Macfarlane and Frances Barker 11 Jun 2020

3 pressing employee questions regarding Covid-19 lockdown
3 pressing employee questions regarding Covid-19 lockdownArticle

The recent lockdown, which in some cases has been extended in several countries around the world, has proven to pose a number of challenges from a legal perspective...

22 Apr 2020

You can leave, just not right now...
You can leave, just not right now...Article

An employee is entitled, at any time in an employment relationship, to resign and walk away from his employer...

Bradley Workman-Davies 6 Mar 2020

Teachers, Nyati camp implicated in Enock Mpianzi's death
Teachers, Nyati camp implicated in Enock Mpianzi's deathArticle

Parktown Boys High School educators, together with the Nyati Bush Camp, have been found liable in the death of Enock Mpianzi in what Gauteng Education MEC Panyaza Lesufi has described as a "damning report"...

5 Mar 2020

Kariem Hoosain, partner at Mazars
Under-regulated internal auditing sector plays part in corporate fraudArticle

Considering the high profile scandals that have dominated news headlines in the last few years, from VBS Mutual Bank to Eskom, it does not seem unreasonable to say that South Africa may have a corporate fraud problem...

28 Nov 2019

De Lille calls for strengthening of trust in construction public-private partnerships
De Lille calls for strengthening of trust in construction public-private partnershipsArticle

Speaking at the 118th Annual General Meeting of the MBAWC, minister of public works and infrastructure Patricia de Lille emphasised that government is intensifying its efforts to build meaningful relationships with the construction industry...

26 Sep 2019

Sars suspends three executives
Sars suspends three executivesArticle

The South African Revenue Service (Sars) has suspended three senior executives who face disciplinary action over serious misconduct allegations...

1 Aug 2019

Image source: Getty/Gallo
Ramaphosa files supporting evidence in Gordhan matterArticle

President Cyril Ramaphosa has filed a supporting affidavit in the North Gauteng High Court in relation to Public Enterprises Minister Pravin Gordhan's court application for the suspension of the enforcement of remedial action recommended by the public protector...

18 Jul 2019

Workplace wizards unite: A new union you did not invite in...
Workplace wizards unite: A new union you did not invite in...Article

Just when you were rid of Pokémon in your boardroom, software giant Niantic is about to disrupt your workplace again...

Lauren Salt 15 Jul 2019

Can you still discipline an employee after they resign with immediate effect?
Can you still discipline an employee after they resign with immediate effect?Article

Employees often resign with immediate effect when facing disciplinary action, leaving employers unsure of whether they can continue with an intended disciplinary action...

Lizle Louw and Dumisani Ndiweni 1 Jul 2019

Freeman Nomvalo, Saica CEO
Saica's progress on the Ntsebeza Inquiry recommendationsArticle

The South African Institute of Chartered Accountants (Saica) has issued an update on its actions so far in response to the Ntsebeza Inquiry...

25 Jun 2019

Can false allegations be grounds for dismissal?
Can false allegations be grounds for dismissal?Article

In the recent case of Numsa obo Baloyi and Others v O-Line (2019), the Commission for Conciliation, Arbitration and Mediation (CCMA) had to determine whether an employee who makes a false allegation of racism against another employee can be dismissed...

Jacques van Wyk 19 Jun 2019

Threat of new strike at Robertson Winery
Threat of new strike at Robertson WineryArticle

Wage talks leave workers unsatisfied...

28 May 2019

Too scared to come to work: Unauthorised absence after a strike
Too scared to come to work: Unauthorised absence after a strikeArticle

Strikes are frequently characterised by violence and non-striking employees are often apprehensive to report for duty, but can such employees be dismissed simply for failing to report for duty during such times...?

Fiona Leppan and Merrick Steenkam 26 Apr 2019

Did the Health Professions Council trade cash for qualifications?
Did the Health Professions Council trade cash for qualifications?Article

The Special Investigating Unit (SIU) is awaiting the president's go-ahead to investigate allegations that Health Professions Council of South Africa (HPSCA) employees may have taken bribes...

Roxy de Villiers 5 Apr 2019

Judgment on employee suspension doesn't mean employers are in the clear
Judgment on employee suspension doesn't mean employers are in the clearArticle

Despite a recent Constitutional Court judgment easing the burden on employers when dealing with precautionary suspension, a legal expert warns that employers can still be found guilty of committing an unfair labour practice...

25 Mar 2019

Don't be a one-trick pony; there's more to PR than media relations
Don't be a one-trick pony; there's more to PR than media relationsArticle

Public relations has historically been considered a press release machine, driving awareness through editorial, and relying on AVEs (advertising value equivalents) to demonstrate value through the estimated cost of the press release coverage achieved...

Issued by Brandfundi 12 Mar 2019

Why employees need to mind their Ps and Qs on social media
Why employees need to mind their Ps and Qs on social mediaArticle

Social media represents one of the most significant developments in human communication and has undoubtedly changed the way we interact and share information...

14 Feb 2019

Employee suspension: Employers still getting it wrong
Employee suspension: Employers still getting it wrongArticle

The suspension and ultimately reinstatement of primary school teacher, Elana Barkhuizen from Laerskool Schweizer-Reneke has again highlighted how employers fail to appropriately follow due procedure when suspending or dismissing employees...

28 Jan 2019

Treasury DG failed to disclose criminal record
Treasury DG failed to disclose criminal recordArticle

Public Protector Busisiwe Mkhwebane has found Dondo Mogajane guilty of failure to disclose a criminal record on his Z83 application form when applying for the position of Director-General at National Treasury...

20 Dec 2018

#RecruitmentFocus: What deductions can be made from an employee's salary when they resign?
#RecruitmentFocus: What deductions can be made from an employee's salary when they resign?Article

The end of the year often brings resignations as employees look to a fresh start in the new year. While employers may think they can dig out whatever they want from an employee's salary or final payment, the reality is there are only certain instances where they can deduct monies...

7 Dec 2018

The death knell for advertising value equivalency as a PR metric?
The death knell for advertising value equivalency as a PR metric?Article

It's time to revise our evaluation methodologies. If one of the world's leading professional body has declared its intention to send it into exile is perhaps an indication that it's time to move on from using AVE as a PR metric. ...

Leago Monareng 30 Nov 2018

Wendy Simmons, audit manager at Hobbs Sinclair
A question of ethicsArticle

In this past year, our profession, and in particular, our reputation as independent auditors and chartered accountants, has been subjected to fairly intense scrutiny...

Wendy Simmons 29 Nov 2018

Boris Dzhingarov
How to turn business mistakes into business successesArticle

Every business owner's goal is to make decisions that will ultimately drive the company forward. Yet, despite the best of intentions, sometimes mistakes are made...

Boris Dzhingarov, Issued by Monetary Library 2 Nov 2018

Zweli Mkhize, minister of cooperative governance and traditional affairs
Heads roll amid VBS municipal probeArticle

Several municipal officials have been suspended and in some instances, charged with fraud in relation to investments made in VBS Mutual Bank...

24 Oct 2018

Debunking myths around sexual harassment in the workplace
Debunking myths around sexual harassment in the workplaceArticle

While the rules around sexual harassment may seem obvious - there are actually many grey areas and, as a result, many myths which should be demystified...

23 Oct 2018

How educators have to adapt to new social challenges
How educators have to adapt to new social challengesArticle

While educators are passionate and keen to implement the prescribed syllabus, the practical realities and challenges that they encounter every day in the classrooms make it difficult for them to fulfill these objectives...

Kaya Nyati 11 Oct 2018

CCMA and the key to procedural fairness
CCMA and the key to procedural fairnessArticle

In South Africa, stringent labour laws have created somewhat of a minefield for employers to navigate when it comes to disciplinary procedures...

Issued by Perfect Word 4 Oct 2018

Source: kritchanut ©
SA Express, SAA merger underwayArticle

The process to merge South African Express with South African Airways is underway...

16 Aug 2018

Govt determined to conclude wage negotiations
Govt determined to conclude wage negotiationsArticle

Public Service and Administration Minister Ayanda Dlodlo says government is seized with working towards concluding a multi-term wage agreement with unions...

17 May 2018

Can an employee be fired for racist rants on Facebook?
Can an employee be fired for racist rants on Facebook?Article

Is a dismissal of an employee who posted alleged racist comments on Facebook substantively fair...?

Jacques van Wyk 16 May 2018

When employee suspensions go wrong
When employee suspensions go wrongArticle

Employers need to think twice before they simply suspend an employee. If the suspension turns out to be unfair, the employer may need to fork out more money than bargained for...

7 May 2018

Are robots stealing our jobs?
Are robots stealing our jobs?Article

We've seen it in the Industrial Revolution, where machines replaced countless jobs almost overnight...

Brian Timperley 6 Apr 2018

Acsa staff in push to have CEO removed
Acsa staff in push to have CEO removedArticle

Airports Company of SA (Acsa) employees are campaigning to remove Bongani Maseko, the CEO of the state-owned company, based on forensic reports recommending disciplinary action against him...

Neels Blom 22 Mar 2018

New charges for Eskom's head of legal services
New charges for Eskom's head of legal servicesArticle

Eskom has instituted new disciplinary charges against its suspended company secretary and head of legal services, Suzanne Daniels...

19 Mar 2018

You can't fire me, I resign!
You can't fire me, I resign!Article

The past year has seen many high level execs resign rather than face a disciplinary inquiry. This raises the question: does a company have any right to reject a 'resignation with immediate effect' and make the employee go through the disciplinary process...?

Shan Radcliffe 18 Mar 2018

Court rescinds order that Acsa explain why it did not act against CEO
Court rescinds order that Acsa explain why it did not act against CEOArticle

The High Court in Pretoria has rescinded an order issued last week against the Airports Company SA to provide reasons for its failure to act against its CEO, Bongani Maseko, over corruption allegations and breaches of the Public Finance Management Act...

16 Mar 2018

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