Author - landmanjp@gmail.com

The difference between an independent contractor and an employee

landmanjp@gmail.com2024-04-18T10:14:01+02:00An independent contractor can be defined as a juristic person or entity contracted to work for or provide services to another juristic person or entity who is not eligible for employee benefits or social security benefits such as UIF (Unemployment Insurance Fund), and who is liable for...

Substantively unfair dismissals: reinstatement is the primary remedy

landmanjp@gmail.com2024-04-18T10:17:41+02:00The Constitutional Court has re-affirmed, in a judgment handed down on 19 October 2021 in the matter between Booi v Amathole District Municipality and Others (CCT 119/20) [2021] ZACC 36, that reinstatement is the primary remedy for a substantively unfair dismissal even in the face of allegations...

Protected strike action: participation by non-unionised employees

landmanjp@gmail.com2024-04-18T10:16:15+02:00From 05 October 2021 to 22 October 2021, NUMSA embarked on Protected Strike Action in the Metal and Engineering Industry. The duration of this Strike Action led to some confusion about who may lawfully partake in the strike, particularly because of the plethora of trade...

Employee absence based on religious beliefs or cultural convictions

landmanjp@gmail.com2024-04-18T10:19:39+02:00In the South African working environment, one rich with an array of religions and cultures, employers may be faced with absences which do not seem to fall within the ordinary categories of leave, namely, annual leave and sick leave. This article is predominantly concerned with...

Employment equity amendment bill b14b-2020: implications for employers

landmanjp@gmail.com2024-04-18T10:20:41+02:00The Employment Equity Amendment Bill contains a number of provisions which, if it becomes law, will have serious implications for employers. These include the following:The new Act would empower the Employment and Labour Minister to identify national economic sectors and then determine employment equity targets...

Leave management and covid-19: effectively managing all aspects of employee leave

landmanjp@gmail.com2024-04-18T10:21:43+02:00WEBINAR: 29 SEPTEMBER 2021: 14H00Business continues to be exceptionally difficult for industry employers – the industry had not fully recovered from 2008 crash before the Covid-19 pandemic and lockdown.  Economic indicators paint a bleak picture of the immediate future in manufacturing.One of the biggest causes...

Covid-19 vaccinations in the workplace

landmanjp@gmail.com2024-04-18T10:22:48+02:00Section 8 (1) of the Occupational Health and Safety Act 85 of 1993 (OHSA) requires an employer to provide and maintain a safe and healthy working environment for all employees. The OHSA further requires employers to ensure, as far as is reasonably practicable, that all...

What is conciliation and how does it work?

landmanjp@gmail.com2024-04-18T10:23:42+02:00In Labour Dispute Resolution (JUTA, 2004) authors John Brand and Felicity Steadman define conciliation as a process by which a conciliator appointed by the CCMA, a bargaining or statutory council, or an accredited agency helps the parties to a dispute (such as an alleged unfair dismissal dispute,...

What are the differences between an appeal hearing and a disciplinary enquiry?

landmanjp@gmail.com2024-04-18T10:24:39+02:00A common misconception, particularly amongst staff, is that an appeal hearing is simply another disciplinary enquiry, the purpose of which is to see if another chairperson arrives at the same conclusion as the original one.  Whilst an appeal hearing can take the form of a trial...