Chapter 36 – Sexual Harassment Any employee who is a victim of sexual harassment has the right to refer the matter to the CCMA, which has the jurisdiction to deal with it. If the CCMA is unable to resolve the dispute, the victim is entitled to take the employer to the Labour Court for unfair discrimination […]
Chapter 35 – Dealing with Alcohol Abuse and Drug Addiction Many employers and employees have misinterpreted the Constitutional Court’s ruling in Minister of Justice and Constitutional Development and Others versus Prince (CCT108/17). While, under certain circumstances, the law allows strict discipline of workplace alcohol- and drug-abuse, the employer should not dismiss alcohol- and drug-abusers. As […]
Chapter 34 – Old Age Retirement The law allows employers to retire employees who reach the normal retirement age without going through a complex legal procedure. However, this is only true if the employee has, in fact, reached the normal retirement age. While, legally, South Africans reaching the age of 60 may apply for a […]
Chapter 33 – Sick- and Disabled-Employees In South Africa, employees who are disabled or ill are well-protected by the anti-discrimination laws of the Employment Equity Act (EEA) and by the Labour Relations Act (LRA). However, in cases where the employee’s disability is so severe as to permanently incapacitate him or her, the employer has the […]
Chapter 32 – Employment Equity Requirements All employers operating within South Africa are bound by the anti-discrimination provisions of the Employment Equity Act (EEA). This means that no employers are exempt from the law prohibiting unfair discrimination. Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against employees and job applicants on certain grounds. […]
