Van Zyl Retief

Is depression a ground for discrimination?

In a matter of Legal Aid South Africa v Jansen, the Labour Appeal Court had to decide whether the Employer’s decision to dismiss Mr Jansen, who was struggling with depression and continued being absent from work a result thereof, was fair. Mr Jansen argued that his behaviour was a result of his deteriorated mental health. […]

Don’t cause unnecessary difficulty with your disciplinary action

Many employers often decide to leave disciplinary matters for a later date and/or overlook matters of concern to avoid conflict. However, when handled well, conflict can have a positive impact on an employee’s performance and behaviour after they have made an error. Did this ever happen to you as a teenager? You’re sitting in the backseat of the car after being picked up […]

New Rights for Fathers, Adoptive Parents and Commissioning Parents

In a welcoming and long-awaited move, President Cyril Ramaphosa signed the Amendment of the Labour Law Act into law on 28 November 2018, giving parents, particularly fathers of newborn children, adoptive parents and commissioning parents, the right to ten consecutive days parental leave. This new law took effect on 1 January 2020. This new law […]

Medical and psychological testing: Is passing a requirement?

As a point of departure: according to section 7 and 8 of the Employment Equity Act, 55 of 1998 (“the Act”), employers are prohibited from performing medical- and psychological testing, or any other similar assessments, on employees. Employees, though, are often required to pass medical or psychological testing before they are considered for a certain […]

Domestic workers: Now able to claim for injuries on duty

For a long time, the Compensation for Occupational Injuries and Diseases Act, better known as COIDA, has provided compensation to employees who were injured on duty or contracted diseases or illnesses caused by the workplace. However, the Act explicitly excluded certain employees from its scope of operation, amongst others, domestic workers in private households. Dependents […]

Occupational health and safety in the workplace

What does occupational health and safety (OHS) refer to? OHS is a discipline that involves many different specialised fields. OHS promotes and maintains the highest degree of physical, mental and social well-being of workers in all occupations. It aims to protect workers from health risks, to prevent adverse effects on the health of workers caused […]

How to hire the right person for the job

Hiring managers all know how crucial it is to hire the right candidate. Hiring the wrong people to join your workplace could possibly make or break your business. Before you can begin your search for the perfect candidate to join your team, you need to establish what type of person the perfect candidate would ideally […]

Essential components of a performance management system

Performance management refers to the process by which managers and employees work together to plan, monitor and review an employee’s performance. A performance review is used to discuss an employee’s performance. It is also an opportunity to get to know the employee better and to discuss their feelings about the job. The aim of this review […]

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