Barry Botha Breytenbach

Can my employer refuse to accept my medical certificate?

The matter of a medical certificate has raised questions for quite some time. Many employers believe that if their employees provide a medical certificate for their absence from work they are obliged to pay them for the day(s) missed. Similarly, employees believe that should they stay away from work and provide a medical certificate, all […]

Can my employer refuse to accept my medical certificate?

The matter of a medical certificate has raised questions for quite some time. Many employers believe that if their employees provide a medical certificate for their absence from work they are obliged to pay them for the day(s) missed. Similarly, employees believe that should they stay away from work and provide a medical certificate, all […]

Misconduct relating to depression – what constitutes unfair dismissal?

In a matter of Legal Aid South Africa v Jansen, the Labour Appeal Court had to decide whether the Employer’s decision to dismiss Mr Jansen, who was struggling with depression and continued being absent from work a result thereof, was fair. Mr Jansen argued that his behaviour was a result of his deteriorated mental health.   Mr Jansen […]

Getting the facts straight in disciplinary hearing notices

When an employer institutes a disciplinary hearing against an employee, the employee is entitled to know and understand the nature of the charge(s) against him/her. As the employee has a right to answer or provide an explanation to the charge(s) against him/her (known as the audi alteram partem rule), employers need to make sure that […]

Must employees disclose their vaccination status?

While employers cannot force their employees to be vaccinated, there are various grounds for dismissing employees who object, provided that the employer has conducted a thorough risk assessment to determine the need for vaccination. They also need to provide every possible reasonable solution to accommodate them. One of the grounds on which an employer can let go of an employee who refuses the jab is the refusal of […]

Permanent VS Replacement employees

Reinstatement in terms of the s 193(2) of the Labour Relations Act 66 of 1995 (LRA) According to s193(2) of the LRA, if it is found that an employee was found to have been (substantively) unfairly dismissed, the Labour Court (LC) or the arbitrator, must make an order that the employee be reinstated, unless: The […]