employment law

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CAN YOU NAME AND SHAME YOUR EMPLOYEES? BY LUSANDA RAPHULU
Wednesday, October 22, 2008
Employers are often faced with ongoing misconduct. They need to advise employees that offenders will face grave consequences in an attempt to deter possible future offenders.

DO ILLEGAL IMMIGRANTS ENJOY PROTECTION FROM UNFAIR DISMISSALS? BY KAREN FULTON & EVA MUDELY
Wednesday, October 22, 2008
Section 38(1) of the Immigration Act deals with employment of foreign nationals and provides that no person shall employ inter alia an illegal foreigner or a foreigner whose status does not authorise him or her to be employed by such person. The Immigration Act further provides that anyone who knowingly employs an illegal foreigner or a foreigner in violation of this Act shall be guilty of an offence and liable on conviction to a fine or to imprisonment.

EMPLOYEE REMEDIES FOR UNFAIR DISMISSAL BY BRIGITTE MACDONALD
Wednesday, October 22, 2008
An employer who dismisses an employee unfairly may ultimately be ordered to reinstate or re-employ the employee, or to pay the employee compensation.

BE RUDE TO YOUR BOSS AT YOUR OWN PERIL BY KAREN FULTON AND EVA MUDELY
Monday, September 01, 2008
Subordination is the very essence of an employment relationship. A subordinate relationship between an employee and employer gives rise to the obligation, on the part of the employee, to obey the lawful and reasonable instructions of the employer and to show respect to the employer, and her managers within the employerrs organisation. Respect and obedience are regarded as an implied duty of every employee.

DEALING WITH ABSENTEEISM IN THE WORKPLACE BY KAREN FULTON & EVA MUDELY
Monday, September 01, 2008
Although an employee is entitled to sick leave in terms of section 22 of the Basic Conditions of Employment Act 1997, it can be, and often is, abused.

EMPLOYEES HAVE RIGHTS, EVEN UNDER PROBATION BY BOB VON WITT
Wednesday, July 23, 2008
Employers are, understandably, often reluctant to enter into a permanent employment relationship with an individual whom they might only have met briefly during an interview.

CONSEQUENCES FOR EMPLOYERS WHO HASTILY SUSPEND EMPLOYEES BY KAREN FULTON & EVA MUDELY
Thursday, July 10, 2008
An employee has been accused of serious misconduct in the workplace. Does the employer suspend him immediately? Is the employer obliged to hold a pre-suspensionn hearing? What are the consequences for the employer if a pre-suspension hearing is not held prior to the employee being suspended?

HOW DOES AN EMPLOYER DEAL WITH EMPLOYEES WHO ARE BEING HELD IN CUSTODY? – KAREN FULTON & EVA MUDELY
Tuesday, May 06, 2008
What does an employer do when one of its employees fails to report to work and it is discovered that the employee has been arrested on criminal charges, and is being held in police custody awaiting trial?

DEALING WITH MEDICAL SCHEMES’ RESERVES IN CORPORATE DISPOSALS - DAVID GERAL
Thursday, April 17, 2008
Corporate disposals and unbundlings do not pose significant legal difficulties where the medical schemes providing the services to the companies involved are open, public schemes. When one of the schemes is a private scheme whose membership is defined as the employees within that particular group, legal difficulties can arise.

AN END TO DUAL CAUSES OF ACTION IN PUBLIC SECTOR DISMISSALS - NADIRA DEONARAIN & REGHANA TULK
Thursday, April 17, 2008
The protective ambit of the now repealed 1956 Labour Relations Act (“the 1956 LRA”) did not extend to State employees. Separate legislation governed the employment relationship between the State and its workforce, the terms of which were not as favourable as the protection extended to employees covered by the 1956 LRA. In an effort to supplement the rights of State employees, our Courts have held that the public character of State employers rendered the decision to dismiss an exercise of public power, thus bringing it within the ambit of administrative law. Dismissed State employees also had a cause of action under labour law. In effect then, State employees enjoyed a dual cause of action upon dismissal.

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