Posts by Ubuntu Resource Management

(ZEPS) UPDATE On 27 June 2023, the Pretoria High Court handed down a judgement declaring the decision of the Minister of Home Affairs, which terminated the Zimbabwean Exemption Permits (ZEPs), as unlawful, unconstitutional and invalid. The ZEP program, as per the court order, was consequently extended for 12 months, until end of June 2024, during…

In South African Municipal Workers Union obo Malatsi v South African Local Government Bargaining Council [2023] 6 BLLR 581 (LC) the employee alleged that the double jeopardy rule applied to a second hearing that was based on the same facts but for which he was charged with a different charge. In this case, the employee was employed…

In South African Medical Association Trade Union obo Rikhotso v MEC: Department of Health, Limpopo Province and Others [2023] 6 BLLR 575 (LC) an employee who was employed as a medical doctor resigned in the midst of facing disciplinary action.  A disciplinary inquiry had been convened, which related to a charge that he had incited other employees…

Being under the influence of alcohol at work cannot be tolerated in any workplace. Some employers set the bar higher by adopting a ‘zero-tolerance’ approach with regard to the mere presence of alcohol in an employee’s system. Breath-alcohol (‘breathalyser’) tests are commonly used as a measuring tool in both instances. But just how reliable are…

https://www.news24.com/news24/southafrica/news/motsoaledi-extends-zimbabwean-exemption-permits-again-20230608

Domestic workers and their employees have new rules to follow in South Africa relating to compensation for injuries or diseases stemming from a place of work. The Compensation for Occupational Injuries and Diseases Act, 1993 has successfully been amended by Parliament following being assented to by President Cyril Ramaphosa on 6 April. Changes to broaden…

Excessive sick leave absenteeism creates numerous problems for employers and fellow employees and also evokes emotional responses – employers believing the sick leave is consistently abused, whereas employees believe that they have a right to utilise their full sick leave entitlement.  Employees have a common law duty to render services during their contracted working hours. …

A LEGAL PERSPECTIVE Cyberbullying is a form of bullying that occurs online through various digital platforms such as social media, instant messaging, and text messaging.  In South Africa, this issue has been gaining more attention in recent years due to the growing use of technology and the internet among young people.  As a result, individuals…

Employers are entitled to discipline employees for absenteeism.  Employers can expect that there employees notify them regarding absenteeism and a failure to do so is a transgression of the company’s code of conduct. Employers often lose CCMA cases because the law is confusing. That is, while Schedule 8 implies that employees may be dismissed after…