THE NATIONAL HUMAN RESOURCES DIRECTORY

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Beyond the test - ethical concerns spark debate on workplace drug testing

Details: Category: News Articles

By Rhys Evans, Managing Director at ALCO-Safe

17 April 2024

The growing prevalence of workplace drug testing has ignited a fiery debate, shifting the spotlight beyond the act of testing itself to examine the integrity of results and the fairness of disciplinary repercussions. This heightened awareness of individual rights and ethical considerations within the workplace highlights the critical need for reliable and equitable testing procedures, clearly grounded in a formal workplace policy. Driven by an understandable concern for the safety of employees and assets, companies feel compelled to conduct regular, stringent tests. Rightfully so, given that corporate responsibility is scrutinised relentlessly in today’s climate, which makes maintaining a drug-free environment so much more than just a compliance issue. It is now a necessary component in illustrating a fundamental commitment to providing a secure and productive work environment.

Emphasising the significance of transparency and awareness

Numerous factors are pushing companies to clamp down on the presence of intoxicating substances in the workplace. These include a growing awareness of the prevalence of drug use and its potential impact on safety, as well as increasing regulatory and legal consequences. Companies are becoming more mindful of potential legal liabilities arising from workplace accidents or incidents linked to substance use as more of these cases make news headlines. In response,

EMPLOYERS MUST LEARN TO WALK THE LABOUR LAW TIGHTROPE

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Section 23(1) of the Constitution of South Africa provides that “Everyone has the right to fair labour practices.”

This would mean that both employees and employers should have the right to fair labour practices and should be able to sue each other at the CCMA for breaching such rights. However, the Supreme Court of Appeal appears to disagree.

In the case of NEWU vs CCMA (2007, Vol.16 No. 11 CLL page 111) both the CCMA and the Labour Court had found that the CCMA does not have jurisdiction to hear a case brought by an employer for unfair treatment by an employee. The Court said: “…. It is not thought that employers need any protection against unfair resignations by employees. …. The majority of workers in this country are still ununionised and remain extremely vulnerable.” The Court concluded that legislation that would give the employer protection “… would be a step backwards in the field of labour relations and employment law in our country.”

In my view it is a very broad generalization to say that every employer is more powerful than its employees. Many employers are struggling to survive. And indeed, many employers are forced by economic weakness to close down.

Be that as it may, it is clear that the Courts are not prepared to uphold the employer’s Constitutional right to fair labour practice.

FOREIGN EMPLOYERS CAN’T ESCAPE SOUTH AFRICAN LABOUR LAW

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BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it..

A branch of a foreign company based in South Africa is not considered to be on foreign soil and is therefore subject to South African law. Our laws strongly protect South African employees. Furthermore, our courts do not easily give up jurisdiction to foreign courts.

For example, in the case of August Lapple (SA) vs Jarrett & others (2003, 12 BLLR 1194) the dismissed employee had been the managing director of the South African subsidiary of German company. He referred his dismissal to the Bargaining Council for the Motor Industry in South Africa. The arbitrator ruled that the bargaining council had jurisdiction to deal with the case. The employer therefore referred the jurisdiction ruling on review to the Labour Court which found that:

Vodacom Group enhances employee offerings to endorse inclusivity and promote well-being.

Details: Category: News Articles

Vodacom Group, recently ranked by the Top Employers Institute as the continent’s number one employer, has now enhanced some of its employee offerings as part of its commitment to creating an inclusive work environment across its markets. With an emphasis on Compassion, Acceptance, Respect and Empathy (C.A.R.E.), the company’s enhanced wellness initiatives include support for all stages of life, such as menopause, and a more encompassing family responsibility leave policy.

“Our employees are the heart of Vodacom. We believe that their well-being contributes directly to our success as a company in fulfilling our purpose of connecting for a better future. By enhancing our employee value proposition through empathetic and inclusive policies and practices, we are creating a workplace culture where people feel empowered to thrive and make a positive impact on their career journey,” says Matimba Mbungela, Chief Human Resources Officer for Vodacom Group.

In a recent research report by Perspectus, almost half of the women surveyed do not feel supported by their workplace during menopause, which can affect productivity and overall employee wellbeing. As part of Vodacom’s C.A.R.E. approach and driving gender equality, the company allows for flexible working arrangements should symptoms of menopause and menstruation be too debilitating to work in the office.

In addition, Vodacom has extended its

Change Management as a Core Competency for Leaders

Details: Category: News Articles

Insights by Ntombizone Feni

“How often do we find ourselves grappling with the need for a keen understanding of our ever-shifting environment, or striving to maintain those vital connections with stakeholders amidst the whirlwind? And let's not forget the relentless pursuit of improvement. It's a journey we're all on together, navigating the art and science of change. But here's the good news: we're in the same boat, discovering that, with collaboration and resilience, not all hope is lost. How are you embracing this dynamic landscape?

“Change Management emerges not merely as a function but as a core competency that should be inculcated in every leadership role. It transcends the question of "Whose job is it, anyway?" a question that often leads to the story of four people named Everybody, Somebody, Anybody, and Nobody.

“Let’s delve into some familiar examples and lessons, each facing its unique challenges, and how a comprehensive approach to change management could have altered their course.