Stuff Employers Should Know

We are joined by LabourNet Skills and Equity Product Manager, Linda Madida who takes us through the changes in SETA regulations.

Adri Louw joins BGD for the first monthly show discussing all hot topics and cases in Labour Law. 
As the scourge of electricity load shedding seems to be ongoing, what impact does this have on employers and employees? 

Samantha Walker and Sasha Tulshi take us through the "Dangers Of Email'' and discuss the recent case, Hawarden v Edward Nathan Sonnenbergs Inc (13849/2020) [2023] ZAGPJHC 14 (16 January 2023),  which has caused quite the stir.

In this first episode of SESK for 2023, BGD discusses the exceptional circumstances where an employer can terminate employees for misconduct without a disciplinary hearing.

Cases Discussed:
Mphepya v The South African Weather Service (2010)
Lefu & Others V Western Areas Gold Mining Co Ltd (1985) 

It's been a year since the inception of our Stuff Employers Should Know Podcast! And what better way to celebrate than to give our new listeners a rerun of our most popular episode thus far! Thank you for your support, we'll be back i  January 2023!

Employee’s sharing their pay slips and other conditions of their employment with their fellow employee’s can cause much unhappiness and disruption in an employer’s workplace where discrepancies in earnings may exist. But can an employer take action against an employee for doing so? And is it a breach of confidentiality? 

The year-end office party has gained legendary status of being the epicenter of office debauchery and bad behavior. In this episode we discuss what employers should do in the run up to their year end party, or any office party, to prevent any possible HR nightmares.

Case law referenced:
Campbell Scientific Africa (Pty) Limited v Simmers and others [2015] JOL 34906 (LAC)

The Basic Conditions of Employment Act defines "overtime" as the time that an employee works during a day or a week in excess of ordinary hours of work.
What are ordinary hours? and how is overtime compensated?
BGD is back in studio to take you through the common questions regarding managing overtime.

Are your overtime agreements still valid? Click here to find out!

In this episode we're joined by LabourNet's Skills & Equity Product Manager, Linda Madida who takes us through a high leveled overview of the proposed employment equity amendments and how organisations can prepare for them!

For a different perspective on the Proposed Employment Equity Amendments read our blog via the link : https://www.labournet.com/the-future-of-employment-equity/

The Information Compliance Team, Samantha Walker, Yumnah Dowlath and James Bradnick join us in studio teaching us how to apply solutions throughout the POPI compliance journey within an organisation to overcome it's struggles.

You can contact them via email on [email protected]

The dismissal of employees who have reached and worked beyond the normal retirement age has been found to be fair. This was confirmed in Solidarity obo Strydom & 5 Others v State Information Technology Agency SOC (2022) 43 ILJ 1881 (LC)  on 9 May 2022.

However, is it that simple? BGD discusses how the courts have viewed the application of Section 187 (2) (b) of the Labour Relations Act which states that "a dismissal based on age is fair if the employee has reached the normal or agreed retirement age for persons employed in that capacity”.

Case Law (in order mentioned):

Solidarity obo Strydom & 5 Others v State Information Technology Agency SOC (2022) 43 ILJ 1881 (LC)

Schweitzer v Waco Distributors [1999] 2 BLLR 188 (LC)

SACTWU & others v Rubin Sportswear [2003] 5 BLLR 505 (LC)  & Rubin Sportswear v SA Clothing & Textile Workers Union and others. (2004) 25 ILJ 1671 (LAC)

Cash Paymaster Services (Pty) Ltd v Browne [2006] 2 BLLR 131 (LAC) 

Karan t/a Karan Beef Feedlot v Randall [2012] 11 BLLR 1093 (LAC)

Bank v Finkelstein t/a Finkelstein and Associates  [2016] ZALCJHB 428 (LC)