Employment Newsletter

DERIVATIVE MISCONDUCT: WHO’S GUILTY?

The doctrine of derivative misconduct was recently examined by the Labour Appeal Court (“LAC”) in National Union of Metalworkers of SA obo Nganezi and others v Dunlop Mixing and Technical Services (Pty) Ltd and others.

The LAC examined the principle of derivative misconduct and had to determine whether employees charged with derivative misconduct must be identified by the employer or whether the employer must prove that the employees who were present at the time the misconduct was being committed had actual knowledge of the perpetrators committing the misconduct and if so, whether their silence constituted a breach of duty of good faith towards their employer.

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Employment Equity Amendment Bill

The draft Employment Equity Amendment Bill and Employment Equity Regulations have recently been published for public comment.  CLICK HERE to download

The most noteworthy amendment involves the introduction of sector-specific numerical targets to be set for employment equity. This means employers will no longer be able to set targets according to the national economically active population. The amendments also seek to strengthen the compliance mechanisms.

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EMPLOYERS LIABILITY FOR DISCRIMINATION BY CUSTOMERS TOWARDS EMPLOYEES

The Labour Court was faced with an interesting question in the matter of Shoprite Checkers (Pty) Ltd v Samka & Others (2018) 9 BLLR 922 (LC).

THE FACTS

Ms Samka (“Samka”) was employed as a cashier at Shoprite Checkers. She alleged that the controllers and managers in the store victimised, bullied and harassed her because of her race and in retaliation to her having raised grievances against the store for their treatment of black cashiers. Samka further complained of an incident involving a customer who had referred to her as the “k-word”.

Samka then referred a dispute to the CCMA.

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THE ADVISORY ARBITRATION PANEL: A CURB TO INTRACTABLE VIOLENT STRIKES?

On the 25th of April 2018, thousands of workers took to the streets in a protest against the proposed amendments to the country’s labour legislation. One of these amendments includes the proposed amendment to curb intractable violent strikes, through the establishment of an advisory arbitration panel. Following incidents like Marikana, it has become necessary for the legislature to enact legislative provisions to address violence during strikes, particularly protected strikes.

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THE NEW NATIONAL MINIMUM WAGE: ARE YOU READY?

Come the 1st of May 2018, businesses will see the much anticipated National Minimum Wage Bill (“NMWB”) enacted into legislation. On the back of the promulgation of the NMWB, we will also see amendments to existing labour legislation to assist in the enactment of the NMWB (for example the Basic Conditions of Employment Act).

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RE-INSTATEMENT: THE PRIMARY REMEDY UNDER THE LRA

Modern day employees are well versed in their employment rights, especially when it comes time to head down to the CCMA. But how clued up are employers in understanding what risks they are exposed to when matters come before a Commissioner at the CCMA?

We will be reviewing unfair dismissal remedies, more particularly reinstatement.

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RESIGNATIONS: THE “SILVER BULLET” TO DISCIPLINARY

You suspect an employee has committed gross misconduct. You investigate, lay the groundwork and issue a charge sheet calling the employee to a disciplinary hearing. You hold all the cards when – BAM – the employee hands in a letter of resignation. What now?

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