Is it lawful for employees to challenge health and safety measures set in place by the employer, and are health and safety measures taken by an employer “matters of mutual interest” over which employees can collectively bargain and have the right to strike?
Can an employee who has a genuine cultural belief that she should attend a training course unrelated to her work or suffer illness, even death, be dismissed for misconduct if her application for leave was rejected by her employer and she refused a direct instruction to return
While employment equity is important it should never be regarded as an absolute bar to the appointment and advancement of non-designated employees according to a recent labour court decision.
Employees are often employed in terms of fixed-term contracts for the purpose of completing a specific project.
As global competition and declining markets squeeze margins, the search for talent is becoming a top priority of the executive team.
When an employee is under the influence of alcohol in the workplace the employer may, in the absence of satisfactory evidence by an employee as to his alcohol dependency, proceed by way of a disciplinary hearing for misconduct.
The Labour Relations Act 66 of 1995 will soon be amended by the promulgation of the Labour Relations Amendment Bill. One of the significant changes the Bill will introduce relates to the review of arbitration awards in the Labour Court.
In such circumstances the employer will bear the onus to prove the employee was dismissed for a fair reason, unrelated to her pregnancy. The employee in turn will bear the onus of proving the dismissal arose as a result of pregnancy.
The Protection of Personal Information Bill, will place significant obligations on most individuals and juristic entities, including employers.
One of the best investments any company can make is to develop and empower middle managers to take ownership of their area of the business.
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