Dear Reader

Ok, that was a bit of an exaggeration - it's not official. But, in my lecture at Wits last night we discussed the perception that South African labour laws are too stringent. Many of you will agree, as did my colleagues, especially those who’ve ended up at the CCMA only to compensate an employee you know was in the wrong!

Well, I’m pretty sure the laws aren’t going to change any time soon. So what can you do…?

Be prepared!

The best way to ensure you get it right is to know exactly what you can and can’t do when it comes to  labour law. For instance, do you know the five times you can’t discipline an employee for misconduct? Let me tell you:

5 behaviours you can't treat as misconduct

You can’t treat all behaviour as misconduct, simply because you dislike the way an employee behaves. If your employee does the following, you can’t discipline him for misconduct:

• Reporting to the relevant authorities your infringements of the law
• Lodging a grievance with your management or human resources department
• Refusing to carry out an unlawful or unfair instruction
• Referral of a dispute against you to the CCMA
• Responding emotionally to abuse by any level of management

Dealing with employees fairly and legally is a slippery slope. The law isn’t unfair to employers, but you will come off second-best if you don’t follow it properly.

And if you think you need a more comprehensive take on labour issues, with step-by-step guidance on every issue, then look no further than the the Labour Law for Managers Loose-Leaf.

Until next time…

Sarah-Jane Bosch
Managing Editor

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