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: ivan@labourlawadvice.co.za.Website address: www.labourlawadvice.co.za.
Dishonesty in the workplace can take many different forms including:
It is a well accepted principle that:
Read more: Breach of trust does not always justify dismissal
Until recently, compliance has largely been the driving force for workplace skills development in South Africa. However increasingly, CEOs and other business decision makers are realising the need for a more sustainable solution:growing a workforce that both meets their compliance needs and the overall goals of the business.
This sustainable development requires transformation to be forward-thinking tool.Candice Lambert, Strategic Business Development Consultant at Progression,looks at developing talent from the ground up in the ‘grow your own’ concept, addressing the issue of compliance versus sustainable and strategic business growth, as well as the need for contribution to Skills Development on a National level.
“The ‘Grow Your Own’ concept is a principle or practice that
BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address:
A question that is repeatedly asked is whether an employer can discipline an employee a second time for the very same incident of misconduct. Common law suggests that this might be justified if the employer is able to prove that:
Some case law may serve as a timely warning to employers to proceed with extreme care in these matters.
Read more: Double Jeopardy Costs Employer 12 Months' Remuneration
In October of last year we received a call from one of our regular clients who was keen to be quoted for a negotiation workshop for their shop stewards. Clearly this was a bit out of the norm so we set up an appointment and the following day met with their HR and General Manager. There we started to unpack what on the surface seemed to be a rather strange request....
For three consecutive years this particular company had suffered at the hands of highly destructive strikes- strikes which had taken their toll on the levels of trust between union employees and management. In fact at one point this organisation’s management were forced to evacuate the premises in fear for their lives. In addition to this, once strike action has taken place there remains a lasting rift between union and non-union members.
The South African Labour Courts have, until now, not had the opportunity to consider what impact, if any, a so-called “gardening leave” provision may have on the enforceability of a restraint of trade. This issue, among others, came before the Labour Court in Johannesburg in the case of Vodacom v Godfrey Motsa and MTN Group (J74/16). Judgment was handed down by Van Niekerk J on 9 February 2016. The Labour Court was also called upon to pronounce on the issue of whether specific performance is an appropriate remedy given the personal nature of an employment contract.
The notion of gardening leave
As a general principle, an employee does not have a right to work (with some exception) and the employer therefore does not breach the contract of employment if it does not provide work to the employee. The term “gardening leave” arises from this general principle and refers to an employer’s legal right to require (usually senior) employees not to report for duty during the notice period, but where the employee is still entitled to
Read more: Gardening leave and the enforceability of restraints of trade
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