September 2021 - Lethu Mlotswa is an upstanding individual who strives to do his best. Vast knowledge of cases and processes. He is meticulous. Well versed in Labour Court procedures, laws and practices. He can speak your language! CALL HIM NOW on 011-403-0015
Can you, as a person of colour, be racist to another person of colour?
Can you be dismissed for accusing your manager of only kissing white women at prizegiving functions?
"Viewed from a workplace perspective, one can argue that racism has the potential to undermine good working relations in that it impedes racial harmony among employees. Furthermore, as argued in Edcon v Cantamessa , it can negatively impact the business of the employer, particularly when left unpunished.
...... the CC in RPM v SAEWA obo Bester and Others (at paragraph 56) set out: ‘Our courts have made it clear, and rightly so, that racism in the workplace cannot be tolerated. Employees may not act in a manner designed to destroy harmonious working relations with their employer or colleagues. They owe a duty of good faith to their employers, which duty includes the obligation to further the employer’s business interest. In making racist comments in the public domain, the employee's actions may foreseeably negatively affect the business of his employer or the working relationship between him and his employer or colleagues."
(With thanks to Nicolene Erasmus)
With the third wave already here, employers need to understand what sick leave is and when can it be taken. Where an employee is sick for one or two days, the employer must grant paid sick leave, even if a medical practitioner does not book off the employee.
If the employee is absent for “more than two consecutive days” without a medical certificate, no salary has to be paid unless a medical certificate is provided.
May an employer require a medical certificate when the employee is absent on a Friday or a Monday, or the day before or after a Public Holiday? No! The Basic Conditions of Employment allows an employee to be “absent from work for more than two consecutive days or on more than two occasions during an eight-week period” before having to submit a medical certificate. An employee who does not work on Saturdays and Sundays is NOT absent from work for more than two consecutive days. The employee is absent only on the Friday and the Monday (two consecutive workdays) – and will only have to produce a medical certificate if he/she is also absent on a Tuesday.” #hr #mentalhealth #employmentlaw
After posting a Facebook message claiming that the company was not paying its workers’ salaries and lending money and giving credit at the company store, the employee was dismissed for gross insolence. At Arbitration, the company contended that the post had damaged its image and made payments according to the government’s TERS relief scheme. The employee claimed that the post's contents were true and that he was not the message's originator.
The Commissioner noted that the message had been posted at a time when the employee was receiving no pay during the lockdown. Wide circulation of the post had been encouraged by inviting readers to share it with others who would “see the kind of company that we work for” and had been accompanied by a smiling emoji. The employee deliberately chose a platform where the comments would be widely read and had shown no remorse. The company had discharged the onus of proving the dismissal fair.
The application was dismissed.
Our comments: We had a similar matter against the Company AMR (African Meter Readers). In my matter, the Employee sent an email message to the client/supplier advising its CEO that salaries in his department were outstanding. He was suspended without pay. Hence, we brought an Urgent Application for his salary to be reinstated, which the Court granted. But then he was dismissed. The matter went to CCMA, but the Company settled. Here the Employee had previously sent emails to the supplier. The supplier had even taken steps to ensure that those who were doing the work in the section of the Company allocated to do this suppliers work were paid timeously. As such, because the Employee had a relationship with the client/supplier, the sending of the email about lack of payment of salaries could be justifiable. Further, it was clear that the Company was targeting him where all the employees complained of non-payment of salaries.
#humanresources #hr #employmentlaw