Labour Matters with Andrew Levy

In this episode, Sarah Levy and Andrew Levy tackle the challenges of absence management and sick leave abuse, providing clear legal guidance for employers navigating common dilemmas.

Key discussion points include:

- Can employers require employees to see a company-appointed doctor? Andrew explains the legal basis and how to handle refusals.

- Sick leave vs. annual leave disputes. What happens when an employee tries to convert declined sick leave into annual leave?

- Sick leave taken during annual leave. Andrew clarifies when employees can rightfully claim sick leave.

- The importance of clear workplace policies to prevent confusion and misuse of leave entitlements.

Employers often struggle with balancing fairness and compliance in absence management, this episode offers practical solutions to ensure your policies align with labor law. Website

In this episode, Andrew Levy and Sarah Levy explore the complex and often contentious issues of workplace harassment and bullying, unpacking key legal principles and real-world case studies.

Key discussion points include:

- Defining harassment; what constitutes unwanted conduct and how to assess a hostile work environment.

- A detailed breakdown of a workplace bullying case, where allegations were made but evidence did not support the claim.

- The fine line between legitimate management practices vs. bullying, especially in performance management scenarios.

- Addressing false allegations made in bad faith; how to navigate these cases while maintaining fairness.

- The reality of false allegations in sexual harassment cases and why they remain rare, despite misconceptions.

This insightful conversation sheds light on the legal nuances of workplace misconduct and the importance of fair, evidence-based investigations. Website

In this episode, Andrew Levy and Sarah Levy dive into the newly published draft Code of Good Practice on Dismissal, a long-anticipated shift in labor legislation. Andrew reflects on his 20-year stance against overly complex dismissal procedures and sees this as a long-overdue victory for common sense in labor law.

Key discussion points include:

- The move toward simplified dismissal procedures and its impact on businesses, especially smaller enterprises.

- Changes to retrenchment procedures and how they streamline processes for employers.

- The codification of incompatibility cases, with Sarah referencing historical case studies.

- Major updates to probation period management, including the removal of investigative requirements.

- Notable omissions in the new code, such as the lack of references to union officials.

Andrew wraps up by announcing a webinar on March 6th to explore these changes in greater depth. Webinar information · Website

Once it is established that there is a dysfunctional employment relationship that is going nowhere, the notion of a mutual separation agreement comes into force. Andrew Levy discusses the merits of this course of action, how it can be effected by agreement, and, more importantly, without the threat of a constructive dismissal or follow-up from the CCMA. Website

Hear what Andrew Levy has to say about dismissing those seemingly "undismissable" employees who just don't fit into your organisation and how you can manage this in terms of the LRA's requirements for a fair dismissal. He also sets out your options for the termination of the employment under these trying circumstances. Website

Andrew Levy provides some answers to the current dilemma with regard to the hiring and employment of foreign nationals, illegals, and the issue of work permits. The employer's obligations in terms of their status and the prevailing immigration law is explained, as too is the question of whether they are covered under our current labour legislation. Website

Listen to Andrew Levy explain what is meant by the concept of the 'pay see-saw' and the upward and downward pressures that move it in a particular direction. He also touches on the current index of earnings and how this has moved pre- and post Covid, as well as employers' expectations in terms of union and salary increases in 2023. Website

Listen to what Andrew and Sarah Levy have to say about four important issues that will impact the workplace in 2023 -

- The question around the employment of foreigners

Get a handle on the Government's draft plan to deal with the "illegals" issue and at the same time attract skilled labour

- The outlook for inflation in 2023 and how this will affect wage demands, employee expectations and settlements in the coming year

- Workplace harassment - a new code of practice

Find out how the code aims to eliminate sexual and racial harassment and address the problem of bullying in the workplace

- The amended Employment Equity Act

Find out what this means for small businesses with the narrow definition of a "designated employer" and who will be responsible for setting sectoral numerical targets Website

Often regarded as a dull piece of legislation, Andrew looks at the intricacies of the BCEA dealing as it does with everyday work issues and having the greatest influence on the employer.

He discusses the importance of the definitions, the distinction between wage and remuneration, how ‘ordinary’ hours of work are defined, "use it or lose it" policies for leave, changing hours of work and why most incentives and bonuses are not discretionary. Leave and absence, sick leave and medical certificates, terminations, the issue of short time and the 13th

cheque are all part of the mixed bag. Website

Listen to what Andrew has to say about government and in particular the outcome of the 2022 Eskom wage negotiations.

Why Eskom’s negotiation strategy went wrong from the start, lacking credibility and leading to unlawful strike action - when as an essential service, wage arbitration could have saved the day.

Why government saw fit to intervene and significantly took a strong and critical stance against the unions and its members.

Why government intervention in a strike situation is not recommended and how the forced settlement at Eskom will affect upcoming negotiations in the public sector and set a serious precedent. Website