Employers must understand the implications of illness, medical emergency, accident and other health-related issues and compliance.
Human Resources and Human Capital Management (HCM) specialists describe South Africa’s labour law as comprehensive in terms of management of employee incapacity – and failure by business to comply will have serious repercussions for any business, particularly when it comes to health-issues and the physical wellbeing of employees.
HR and HCM solutions provider CRS Technologies says key sets of legislation, including the Labour Relations Act (LRA), Occupational Health and Safety Act, and Employment Equity Act (EEA), are in place to help govern employee incapacity.
It is important to fully understand what it is that needs to be complied with says Nicol Myburgh, Head of HR business unit at CRS Technologies.
Myburgh explains there are two key components
Read more: Medically-induced employee incapacity - a real threat to business
BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address:
The Labour Relations Act (LRA) requires that, where a dismissal is unfair, reinstatement must be considered ahead of any other remedy.
Reinstatement means that the employee must be returned to the same job on the same terms and conditions as existed before. And the employer can be required to pay the employee for the entire period from dismissal to reinstatement.
Where it is ordered that the employee be ‘re-employed’ he/she is to return to work but in a different job.
There is nothing specific in law that gives the reinstated employee a higher status merely by virtue of his/her being a reinstated employee. That is, the employee’s status does not automatically increase over that of his/her colleagues or over the status existing prior to the dismissal merely because of the reinstatement order.
However, psychologically the reinstated employee may well have grown in status. This is because:
In an effort to reduce overall training costs more and more companies are now shifting away from purely traditional classroom-based learning towards a more blended, e-learning approach. This article explores the pros and cons of online training and helps answer the question: “Is e-learning the right solution for my organisation?”
It’s true that an online training solution brings with it a great reduction in overall training costs. A study by IBM* estimated that of the total cost of public classroom training, around 40% was spent on travel and accommodation. And when you take that out of the equation, and minus the facilitator fee, it becomes easy to see how costs could be greatly reduced when taking the online learning approach.
Total cost, however, shouldn’t be the deciding factor. In some instances, such as when covering topics with complex issues or grey areas, e-learning is less likely to achieve the desired result than with a facilitator-led session where feedback can be readily supplied to the learner.
Some things to consider when deciding on which training approach to take:
18th of September 2018 - The Constitutional Court announced today that dagga is now legal in South Africa for private use. However, there are a number of concerns and questions around regulation and control that still need to be addressed to ensure the safety of both users and non-users – particularly when it comes to road safety.
As with alcohol consumption, use of marijuana leads to intoxication. However, unlike alcohol, testing for marijuana intoxication is a lot more complex than simply doing a breathalyser. Laws and limits exist for driving under the influence of alcohol but, as Tetrahydrocannabinol (THC) - the principal psychoactive constituent of marijuana – remains in a user’s system for far longer than alcohol does, it makes it tricky to establish limits and laws around marijuana use.
Rhys Evans, Director at ALCO-Safe, says that because marijuana use has been fairly common despite the legality of such, it’s highly likely that there have been drivers under the influence of THC (Marijuana) whilst operating a vehicle up until now, although there are no real statistics to confirm this.
According to Section 65 of the National Road Traffic Act,
Read more: Legalisation of Marijuana -regulations and controls must be in place
By Tebogo Moalusi, National IR Director at Workforce Staffing
20th of August 2018
On 26th July 2018, after three years of debate, the Constitutional Court made a judgement regarding the roles and responsibilities of Temporary Employment Service (TES) providers and their clients with regards to employees. This pertains to the deeming provision referred to in section 198A of the Labour Relations Act (LRA). The ruling states that the client of a TES provider is deemed to be the sole employer of assigned temporary employees earning R 17 119 or less per month, following three months of employment.
Until the ruling was made, following the insertion of the clause in 2015, interpretation was up in the air, and it was deemed that employees remained under the employment of both the TES provider and their client for the duration of the employment contract. This meant that both the TES and their client were dually responsible for an employee under contract for the purposes of the LRA, which deals primarily with unfair labour practices and dismissals.
Read more: The deeming provision ruling: what businesses need to know
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