Following extensive negotiations on labour law reforms among business representatives, trade unions, and government officials at the National Economic Development and Labour Council (NEDLAC), a report detailing proposed changes has been released.
The Tempest Car Hire v Lebyane case serves as a pivotal reminder for South African employers to rigorously comply with labour laws concerning dismissals.
Constructive dismissal in South African employment law occurs when an employee resigns due to intolerable conditions created by the employer, as defined under Section 186(1)(e) of the LRA. Claims require proving the employer’s behavior left no reasonable alternative but to resign. Key issues include harassment, unfair changes, and unsafe environments.
A recent Labour Appeal Court ruling on a Woolworths employee’s fraudulent sick note case underscores the complexities of addressing such issues in South Africa. Employers face significant challenges in proving fraud while respecting employee rights. The ruling emphasizes the need for concrete evidence and a balanced approach in managing sick leave.
