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Flexibility – does South Africa’s labour legislation allow for this?

Discussions surrounding labour law in South Africa can be extremely polarised. On the one side some employers advocate greater flexibility, while on the other some trade unions seek increased protections. For employers, regardless of your views, understanding the South African labour law landscape and your own rights is an essential part of running a business and avoiding the potentially damaging fallout resulting from labour relations issues.

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LABOUR COURT RULING ON DEEMING PROVISION GOES TO APPEAL

According to Nritika Singh, CEO of Isilumko Staffing (IS) & Activate, a national recruitment company, which offers temporary, flexible and permanent staff, the recent judgement handed down by the Labour Appeal Court (LAC) on the ‘deeming provision’ contained in s198 of the Labour Relations Act, has caused uncertainty. However the industry is confident that the Constitutional Court will recognize the retention of the staffing company as employer after three months, with LRA responsibilities lying with both the staffing company and client.

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DON’T MISS YOUR DISCIPLINARY HEARING

It is an established fact that employees accused of misconduct are entitled to a hearing before any dismissal decision is made. Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states that the employer should inform the employee of the charges, give him/her time to prepare a response, conduct an investigation and allow the employee to state a case in response to the allegations. Countless case law decisions have upheld this requirement.

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Speak up or face the consequences

Most people believe that they will speak up when something negative happens, but in reality few actually do. Helene Vermaak, Director at organisational culture experts The Human Edge says that if employees do not speak up when they are frustrated, or see something that isn’t appropriate happening, there can be real consequences for the organisation.

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THEFT IN THE WORKPLACE: ARE YOU BEING SOLD THE ILLUSION OF SECURITY?

Earlier this year, a report from the Association of Certified Fraud Examiners revealed shocking facts about employee theft. The report confirmed that approximately 27 percent of large companies have seen an increase in theft cases and up to seven percent of annual revenues are being lost due to fraud, 37.1 percent of which was committed by managerial staff.

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