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:
Codes of different types constitute a substantial part of labour legislation. Therefore, HR and IR practitioners need to ensure that these codes are properly understood and implemented by management. Labour legislation contains, amongst others, codes on retrenchment, picketing of strikers, sexual harassment and dismissal.
But what is a code? Is it a law or is it something less than a law? The Collins Concise Dictionary defines a code as “a conventionalised set of principles or rules”. This implies that a code is similar to a law and must be obeyed. However, many employers treat the South African labour-related codes as mere guidelines because the word ‘should’ is used instead of the word
Read more: HR & IR PROFESSIONALS MUST ENSURE THAT EMPLOYERS HAVE DISCIPLINARY CODES
Employees who are on maternity leave can increase the workload for the rest of the division and in certain situations it is not viable to appoint a temporary employee. However, pregnant women have the right to take maternity leave, but it comes with challenges for both the employee and the employer.
“Maternity leave can be implemented to the benefit of both employer and employee,” says Anja Hartman, HR Director of Sage VIP. Hartman shares some insights based on her experience, as at Sage VIP approximately 3% of the female employees are on maternity leave at any given time.
Create a maternity leave policy tailored to the business culture
There are certain labour law specifications that need to be taken into consideration; however companies can
Judith Griessel answers:
This is more a contractual than a labour law issue. If someone does not work their contractual notice, it means that they are in breach of their employment contract and the employer can then cancel the contract and sue them in civil court for damages or “specific performance”. The employer has to prove to the court what their actual losses / damages were due to the employee leaving without working their notice; or ask the court to compel the employee to work the notice in terms of the contract (this is not really workable in an employment set-up).
The employer cannot short-circuit this process by simply deciding unilaterally that -
The possible exception is
Read more: What are employer rights when an employee does not give notice?
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:
In the current turbulent economic circumstances buyouts and outsourcing have become frequent occurrences in the lives of HR and IR practitioners. Where an undertaking (or part thereof) of any kind is transferred to another undertaking as a going concern section 197 of the Labour Relations Act (LRA) comes into effect. Practitioners need to impress upon management that such a takeover forces the new entity to take over all the labour law obligations of the old undertaking.
Section 197 applies to all SA employers whether they be companies, close corporations, partnerships, sole traders, welfare organisations, NGOs, academic institutions or any other type of organisation.
The entities could even be government departments. In the case of Wren vs Eastbourn Borough Council (1993, IRLR 425) the Employment Appeal Tribunal held that the transfer of refuse collection services of a local authority constituted the transfer of an undertaking as a going concern.
However, not all transfers qualify under this legislation because
Most people are aware of the fact that it is possible to measure one’s intelligence (IQ) and Emotional Intelligence (EQ). But now it is possible to measure an individual’s (or organisation’s) Cultural Intelligence (CQ). Dr David Livermore, President and Partner at the Cultural Intelligence Centre in East Lansing, Michigan (USA) is coming to South Africa for the first time to introduce this concept through a series of half-day seminars entitled “Develop Your Cultural Intelligence.” Dr Livermore will be joined on stage by Buhle Dlamini of Young & Able, the organisation responsible for bring Dr Livermore to our shores.
Cultural Intelligence is defined as “a person's capability to function effectively in situations characterized by cultural diversity.” It is not only an essential competency for
Page 71 of 75
