Newsletters

NEWSLETTERS

20 October 2017

LEGAL REPRESENTATION AT A DISCIPLINARY HEARING 

As the point of departure, disciplinary hearings are regarded as internal processes used by the employer in order to progressively discipline an employee who might have contravened any valid and reasonable rule, which the employee was aware of and/or was reasonably expected to be aware of.

For any further assistance, please contact Strata-g Labour Solutions on

Tel: 011-462-5408 (office hours) or email: info@strata-g.co.za

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LEGAL REPRESENTATION AT A DISCIPLINARY HEARING

12 October 2017

RIGHTS CONCERING THE RESTRAINT OF TRADE AGREEMENT IN THE WORKPLACE

Restraint of trade is a tool which the employer uses to protect his economic interests and trade secrets from competitors. A restraint of trade agreement is defined as an agreement between the employer and employee whereby provision is made in the employment contract which restricts an employee from being employed by a competitor of the employer or restricts the employee from establishing a business in competition with the employer following termination of employment.

For any further assistance, please contact Strata-g Labour Solutions on

Tel: 011-462-5408 (office hours) or email: info@strata-g.co.za

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RIGHTS CONCERING THE RESTRAINT OF TRADE AGREEMENT IN THE WORKPLACE

05 October 2017

MAY AN EMPLOYER TAKE DISCIPLINARY ACTION AGAINST EMPLOYEES WHO MAKE DISCLOSURES WHICH ARE POSSIBLY DETRIMENTAL TO AN EMPLOYER?

As any Employer knows, an Employee is placed under a duty to always act in the best interests of his or her Employer for fear of facing disciplinary action, but is this duty one which must be adhered to at all costs or are there limitations? And what if the Employer engages in unlawful or unethical conduct? Can the Employee be disciplined for providing tip-offs relating to underhanded conduct which ultimately prejudice the Employer?

For any further assistance, please contact Strata-g Labour Solutions on

Tel: 011-462-5408 (office hours) or email: info@strata-g.co.za

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Protected Disclosures

13 SEPTEMBER 2017

ADRIAN LACKAY V SARS AND THE NATURE OF CONSTRUCTIVE DISMISSAL

The matter of Adrian Lackay and the South African Revenue Service (SARS), is currently being heard in the Commission for Conciliation, Mediation and Arbitration (CCMA), and relates to the issue of Constructive dismissal in the work place. It should firstly be explained what Constructive dismissal entails in order to understand the merits of the matter.

For any further assistance, please contact Strata-g Labour Solutions on

Tel: 011-462-5408 (office hours) or email: info@strata-g.co.za

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ADRIAN LACKAY V SARS AND THE NATURE OF CONSTRUCTIVE DISMISSAL

13 JULY 2017

WHO IS THE EMPLOYER, THE LABOUR BROKER OR THE CLIENT?

The recent judgment by the Labour Appeal Court (LAC) in respect of Assign Services v NUMSA and others has sparked yet another interesting debate around the interpretation of Section 198A(3)(b)(i) of the Labour Relations Act (LRA), in as far as whether the status of the employment relationship of employees placed with the client are “deemed” to be employees of the very client or of the Labour Broker (TES).

For any further assistance, please contact Strata-g Labour Solutions on

Tel: 011-462-5408 (office hours) or email: info@strata-g.co.za

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20170713_LAC_RULING_RE-TEMPORARY_EMPLOYMENT_SERVICES

23 October 2017

THE IMPORTANCE OF EMPLOYMENT EQUITY AND ITS IMPLEMENTATION

Before South Africa became a democratic country, there were colonial and apartheid laws that excluded black people from participating in the educational and labour systems. To rectify this and to bring an end to the discrimination, the Constitution was put in place, giving all the occupants of the land the right to equality.

For any further assistance, please contact Strata-g Labour Solutions on

Tel: 011-462-5408 (office hours) or email: info@strata-g.co.za

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THE IMPORTANCE OF EMPLOYMENT EQUITY AND ITS IMPLEMENTATION

16 October 2017

SKILLS DEVELOPMENT AND THE UNCERTAINTY REGARDING THE RECOGNITION OF BLACK UNEMPLOYED PEOPLE PARTICIPATING IN TRAINING SPECIFIED IN THE SKILLS DEVELOPMENT MATRIX 

Many employers have raised questions and expressed uncertainty regarding the recognition of black unemployed people participating in training specified in the skills development matrix in terms of the Generic scorecard under the 2013 Amended Codes and this uncertainty will most likely continue up until such time when the Department of Trade and Industries (DTI) publishes the long awaited Verification Manual.

For any further assistance, please contact Strata-g Labour Solutions on

Tel: 011-462-5408 (office hours) or email: info@strata-g.co.za

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SKILLS DEVELOPMENT AND THE UNCERTAINTY REGARDING THE RECOGNITION OF BLACK UNEMPLOYED

28 SEPTEMBER 2017

Strata-g Labour Solutions advises employers on yesterday’s COSATU mass protest action and what employers need to know.

27 September 2017 marked a day deemed as the largest post-apartheid protest in South Africa. In a bid to “shut down” the country, COSATU and SACP embarked on protest action highlighting a call for President Jacob Zuma’s resignation and an end to corruption and state capture.

Although the protest action itself was compliant with the terms of Section 77 of the Labour Relations Act 66 of 1995 (“LRA”), as amended, and was therefore protected i.e. legal, the burning question is how should Employers react to protest action of such magnitude and do businesses have any recourse in respect of employees who took part from a labour law perspective?

For any further assistance, please contact Strata-g Labour Solutions on

Tel: 011-462-5408 (office hours) or email: info@strata-g.co.za

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COSATU MASS PROTEST ACTION AND WHAT EMPLOYERS NEED TO KNOW

20 SEPTEMBER 2017

VICARIOUS LIABILITY: EMPLOYERS LIABLE FOR EMPLOYEES’ ACTIONS

Vicarious liability is a legal term used to describe a situation where the law holds one person liable for the wrongful act or omission of another person, even though it wasn’t that person’s fault.

For example: while on duty, the employee driving the vehicle belonging to the employer collides with a vehicle belonging to a third party and the driver and or passenger in the third party’s vehicle is seriously injured. The accident has been proven to be the fault of the employee. You, as the employer, are liable. This is the principle of “vicarious liability”

For any further assistance, please contact Strata-g Labour Solutions on

Tel: 011-462-5408 (office hours) or email: info@strata-g.co.za

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VICARIOUS LIABILITY- EMPLOYERS LIABLE FOR EMPLOYEES’ ACTIONS

21 JULY 2017

Use of Social Media OUTSIDE the workplace.

Not only has the advent of social media become a great part of our lives, it has also impacted greatly on the workplace environment. However, can the use of social media after hours be linked to an employer or organization and accordingly warrant disciplinary action? The use of social media after hours involving and/or referencing the employer can be regulated contractually under “off duty conduct” or by means of a social media policy which would make reference to same. The extent to which the use of the social media after hours affected the Company would need to be considered and regulated accordingly.

For any further assistance, please contact Strata-g Labour Solutions on

Tel: 011-462-5408 (office hours) or email: info@strata-g.co.za

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20170721 Use of Social Media OUTSIDE the workplace