Employment and Labour Law

Fired for not Working on the Sabbath

“One of the hallmarks of an enlightened egalitarian society is the right to freedom of religion.” (Extract from judgment below) Our courts do not tolerate unfair discrimination in the workplace, and employers need to tread particularly carefully when it comes to the concept of “automatically unfair discrimination”. Get that one wrong and you could be […]

Employers: It’s November Again. Must You Pay 13th Cheques?

“The best investment you will ever make are your employees” (Peter Drucker) As the end of the year approaches, many employees are eagerly awaiting their 13th cheque or year-end bonus. However, not every employer is in a position to pay bonuses, and this can lead to disappointment, disputes, or even legal action if expectations aren’t […]

Protect Your Employees from Harassment and Abuse – or Pay the Price

“It takes leadership to improve safety.” (Jackie Stewart, Formula 1 legend) One of your key duties as an employer is to create a working environment in which your employees are protected from harassment and abuse. As a recent High Court judgment graphically illustrates, dropping the ball will cost you dearly. Meet the protagonists The cast […]

It’s Sick Leave Season – Can You Reject a Dodgy Doctor’s Sick Note?

“Many people including workers in South Africa do not have the wherewithal to determine between a qualified doctor, an unqualified doctor and one who is operating illegally. That is why there are regulatory and law enforcement bodies to whom suspicious practices by doctors should be reported.” (Extract from judgment below) “Sick leave season” is still […]

Cannabis Policies in the Workplace: A Delicate Balancing Act

“It is declared that the [employer]’s Alcohol and Substance Abuse Policy is irrational and violates the right to privacy in section 14 of the Constitution, to the extent that it prohibits office-based employees that do not work with or within an environment that has, heavy, dangerous and similar equipment, from consuming cannabis in the privacy […]

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