Lying to get a job can cost far more than the job itself. A former V&A Waterfront chief information officer was ordered to pay nearly R2.9 million in damages after the Labour Court found that she had misled the company into employing her and into paying for two consultants who had worked for her private business. Just over R1 million of the award represented her total remuneration. The rest covered the consultants’ fees.
A 13th cheque is not automatically guaranteed. But where it forms part of your employment contract, your employer cannot simply withdraw it or replace it with a performance-based bonus without your agreement. The Labour Court ordered an employer that had done so to pay 45 employees a 13th cheque for every year it had gone unpaid since 2021.
Under the current law, it is already illegal to employ someone who is not legally entitled to work in South Africa. This applies to businesses and to households employing foreign domestic workers, nannies or gardeners. A new Bill proposes additional duties and higher penalties for employers, but these changes are not yet law. Employers should therefore comply with the existing law and remain alert to the proposed changes.
The “Whistleblower’s Act”, formally known as the Protected Disclosures Act, encourages employees to expose corruption, criminal activity and other wrongdoing in the workplace. But what protections does the Act actually give whistleblowers? And what steps should employers and employees take to ensure they comply with it? We’ll answer all of these questions in the context of a recent Labour Court decision to reinstate a manager who was ostensibly fired for breaching ICT policies.
Your top employee resigns and immediately opens up a new business in direct opposition to you. Using your software, your client relationships and your business methods to springboard their new start-up and poach your clients. We discuss, in the context of a recent High Court case, how our law can help you put a stop to that sort of unfair competition. And we share some tips on how to protect yourself from it in the future.
Not every difficult manager is a workplace bully, and not every uncomfortable workplace is an unlawful one. But where exactly does the law draw the line?
A 2023 Labour Court judgment tackles that question head-on, with important lessons for both employers and employees. If you’ve ever wondered whether a harassment claim would succeed against your employer, or whether your management style exposes your business to legal risk, the answer may surprise you.