Resignation in the face of disciplinary action

In South African Medical Association Trade Union obo Rikhotso v MEC: Department of Health, Limpopo Province and Others [2023] 6 BLLR 575 (LC) an employee who was employed as a medical doctor resigned in the midst of facing disciplinary action.  A disciplinary inquiry had been convened, which related to a charge that he had incited other employees…

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JUST HOW RELIABLE ARE BREATH-ALCOHOL (‘BREATHALYSER’) TESTS?

Being under the influence of alcohol at work cannot be tolerated in any workplace. Some employers set the bar higher by adopting a ‘zero-tolerance’ approach with regard to the mere presence of alcohol in an employee’s system. Breath-alcohol (‘breathalyser’) tests are commonly used as a measuring tool in both instances. But just how reliable are…

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Major new laws for domestic workers in South Africa – what you need to know

Domestic workers and their employees have new rules to follow in South Africa relating to compensation for injuries or diseases stemming from a place of work. The Compensation for Occupational Injuries and Diseases Act, 1993 has successfully been amended by Parliament following being assented to by President Cyril Ramaphosa on 6 April. Changes to broaden…

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Sick leave abuse

Excessive sick leave absenteeism creates numerous problems for employers and fellow employees and also evokes emotional responses – employers believing the sick leave is consistently abused, whereas employees believe that they have a right to utilise their full sick leave entitlement.  Employees have a common law duty to render services during their contracted working hours. …

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