The professional gravity of personal social media use
In the Edcon Ltd case, an employee was dismissed for making a racist comment on Facebook. The employee had posted a message on Facebook referring to the government as “monkeys” shortly after watching Carte Blanche regarding the reshuffling of Cabinet. Her Facebook page identified her as an employee of Edcon Ltd (the Company). A complaint was made to her employer […]
Racism in the workplace – It’s not always black or white
This article discusses two recent Constitutional Court judgments, which deal with racism, or perceived racism, in the workplace. Although each judgment and respective outcome should be understood in the context of the specific facts, certain parallels are worth noting. Both judgments had to decide whether the language used in the context was racist. In both […]
Understanding the functions of the Commission for Conciliation, Mediation and Arbitration
I have a dispute which has been referred to the CCMA. How does the process work? The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is a state-funded institution which acts as the centrepiece of the statutory dispute resolution system in the employment sphere. The CCMA, however, operates independently from the state. A dispute is referred […]
The role of a recognition agreement at the workplace
I have been approached by a trade union to enter into a Recognition Agreement with them. The trade union is of the opinion that it is entitled to be recognised at my business given that they represent a certain number of employees. Do I have to enter into discussions with the trade union? A trade […]
Is Uber legal?
Following the death of one of Uber’s employees due to clashes between Uber drivers and taxi drivers, the Department of Labour has clarified its position in terms of labour legislation. Recently, the Department of Labour acknowledged and applauded the ruling by the Commission for Conciliation, Mediation and Arbitration (CCMA) that Uber drivers are the employees […]
Should a domestic worker get a Christmas bonus?
Doris, a domestic worker, demands a Christmas bonus from her employer in the amount of R1 000. She has not yet been employed for longer than a year and as a result no prior agreements or expectations have been created in this regard. When Christi, her employer, informs Doris that she will not pay her a […]
Social Media: What line can’t I cross as an employee?
There are cases of employees posting sensitive or disrespectful information and messages about their employers online. This might seem like an innocent joke with the people on your social media feed, however, the backlash is far more serious than that. The conduct of employees on social media platforms is also more frequently exposing employers to […]