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Sexual harassment is broadly defined

The best place to start when considering workplace sexual harassment is the Labour Relation Act’s Code of Good Practice on the Handling of Sexual Harassment Cases, which was published as far back as 1998. This Code addresses such critical aspects of sexual harassment...

Concourt clarifies precautionary suspension procedures

The requirement that employers conduct pre-suspension hearings prior to confirming the precautionary suspension of an employee, has been debunked by the Constitutional Court judgement recently handed down on 19 February 2019, in Alan Long v South African Breweries...

Can employers object to employee t-shirts?

How far can employers go in banning employees from wearing t-shirts which the employer considers inappropriate, and can such a ban ever infringe upon a union member’s right to freedom of association?  This was the question posed in the Labour Court case NUMSA obo...

Strike management comes to the fore in strike season

Managing strikes is a topical subject, with the current bus drivers strike and the prospects of a teachers, police and nurse public sector strike, also over wages and conditions of service. Section 213 of the Labour Relations Act defines a ‘strike’ as “the partial or...

Employee dishonesty invariably warrants dismissal

Employers are quite rightly entitled to view employee dishonesty in a very serious light.  Regretfully, theft-related and dishonesty cases are quite common in the workplace.  In our experience, for example, half of the disciplinary cases in the hospitality industry...

The 2019 labour relations outlook

2019 is going to be an interesting year in the South African labour relations environment.  There are a number of reasons for this.  To begin with, the evolution of the South African Confederation of Trade Unions (SAFTU) will continue to influence the labour relations...

Employer retrenchment do’s and don’ts

There are a whole host of reasons why employers retrench.  Whilst the most common reason will be some form of financial stress, the reason for retrenchment could be entirely unrelated to financial difficulty. It could be said that employers either retrench to lose...