Specialist Employment Law Attorneys
solomonholmes is a B-BBEE Level 1 accredited firm of employment law attorneys. Focusing exclusively on this area of practice our attorneys have an in-depth knowledge of their field and provide practical, efficient solutions to clients.
Samancor Chrome Ltd (Western Chrome Mines) v Willemse
It is widely accepted that employers are entitled to set their own standards of conduct and enforce measures that mitigate risk in the workplace. The operational requirements of some workplaces necessitate the adoption of a “zero-tolerance” drug and alcohol policy as a safety precaution to prevent the occurrence of potentially disastrous workplace accidents, which would be detrimental to an employer and its employees.
Can an employer dismiss an employee for refusing to work overtime?
Meeting and exceeding production targets is every employer’s goal, and to achieve this an employer relies on the co-operation of its employees, sometimes with the expectation that employees will work overtime. The question of whether an employer can dismiss an employee for refusing an instruction to work overtime was the question before the Court in the case of AMCU obo Mkhonto v ANDRU Mining (Pty) Ltd.
Mukuru Financial Services (Pty) Ltd and Another v Department of Employment and Labour
Legislation regarding the employment of foreign nationals is constantly changing and employers should ensure that they are informed of the developments to avoid being held liable for non-compliance. Businesses have various needs and tailor their models to suit the demands of their client base. Within those specific business needs, an interesting question does present itself. What if a business requires a unique skill such as language proficiency or cultural awareness that South African citizens or permanent residents cannot fulfil. Would this permit the employment of foreign nationals, or would the company be prohibited by legislation from looking for employees abroad?
Loadshedding – can employers apply the No Work No Pay rule?
Outgoing CEO Eskom Andre de Ruyter has recently expressed the view to EWN that the 2023 Loadshedding outlook remains bleak.
South Africans are currently experiencing stage 6 loadshedding. One of the questions that has arisen is what the future holds for businesses that are electricity-dependent and cannot supplement this need with alternatives such as generators or renewable resources. Current levels of loadshedding mean that such businesses may be without electricity for up to 8 hours a day during which employees cannot work.
Is a 4-day workweek practical in a South African context?
In a growing global trend, companies are looking to scrap the 5-day workweek and replace it with a 4-day system.
Covid-19 sent us all home to work, and if the trend was to be believed, we would never return to the workplace. Elon Musk, together with thousands of other employers around the world think otherwise, and are now coercing employees back into the office. All of this has no doubt got employers thinking.
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