Stuff Employers Should Know

Yas has some questions that need answering when it comes to BBBEE in South Africa and who better to answer them than LabourNets National BBBEE Product Manager, Tamanna Sharma.

What happens when an employee tenders their resignation,  and then unilaterally seeks to withdraw their resignation?

BGD talks us through this question which was put before the Labour Court (LC) in the interesting case of Mohlwaadibona v Dr JS Moroka Municipality (Case No: J718/21) (18 March 2022).

Simple in theory yet quite difficult in practice, BGD gives insight into the tried and tested "formula" to use when drafting disciplinary charges. 

And remember... always be sufficiently particular!

The Labour Court has found that the man had not intended to be dishonest when he went to his "mother’s" funeral twice as well as his "Son" despite not being the biological father.

BGD discusses the interesting case of Toyota South Africa Motors (PTY) Ltd v NUMSA obo Njilo and Others (D 692/19) [2022] ZALCD 12 (14 July 2022) 

The Protection of Personal Information Act (“POPIA) has been in force for over 12 months. Organizations – private and public were given a one year grace period to become compliant. There are however still a lot of grey areas in terms of what compliance looks like or even how to practically interpret and implement this new legislation. 

To get a better understanding of the practical side of POPI we are joined by POPI experts Samantha Walker and Chanel Sprieman.

The recent unrest and protest action in the Tembisa community disrupted public transport leaving commuters stranded. Protesters "locked down" the community and many residents feared to leave their homes. 

Many employers had employee's who were impacted or prevented from attending work as a result of the protests, but are employers still required to pay employee's who do not attend work, arguably due to no fault of their own? 

In this episode BGD discusses the correct way to issue a notice to attend a disciplinary hearing. 

In January 2022 we recorded an episode outlining the first (of many) awards where the CCMA found that the dismissal of (those) employees who refused to be vaccinated, despite the employers mandatory vaccine policy, were found to be fair. 

However, recently in Kgomotso Tshatshu v Baroque Medical (Pty) Ltd, the CCMA awarded an employee the maximum compensation for an unfair dismissal based on operational requirements because the employee did not comply with the company’s mandatory vaccination policy. 

In this episode BGD discusses whether this award should be seen as a turning point for mandatory vaccination policies, or was it simply the lack of presenting appropriate (or any) evidence that led to a seemingly contradictory award against the employer?   

It is possible that the resignation by an employee may actually be found to be an unfair dismissal by an employer.  

Bianca Venter join's Yas to discuss the concept of Constructive Dismissal and the circumstances where it may be found to be the case. 

Health minister Joe Phaahla published a notice in the Government Gazette early last week repealing the country’s Covid–19 regulations. 

Amongst other things the regulation to wear a mask in public spaces is no longer in effect.

 Since then Employers have been questioning whether they can still implement the health and safety policies they have put in place.

 BGD answers this question by explaining the impact of the new Code of Good Practice on Managing exposure to SARS COV 2 in the Workplace.