Chapter 36 – Sexual Harassment

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 […]

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Chapter 35 – Dealing with Alcohol Abuse and Drug Addiction

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 […]

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Chapter 31 – Constructive Dismissal

Chapter 31 – Constructive Dismissal A resignation, constructed by an employer’s unjustified and unbearable conduct, is called constructive dismissal. If it can be proved that the intolerable circumstances were caused by the employer’s unfair conduct – then the employee is likely to win the unfair constructive dismissal case. The Labour Relations Act includes, as a type […]

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Chapter 30 – Victimisation

Chapter 30 – Victimisation The labour law prohibits the victimisation of employees in retaliation for referring a dispute to the CCMA, joining a trade union; and reporting any infringements committed by the employer to the authorities. The penalty against employers who victimise their employees in this way is likely to be harsh.

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