Defining, identifying and addressing inappropriate workplace behavior is increasingly a business-critical issue. Although local differences apply, many jurisdictions have similar legal requirements for protection of employees. This article explores the current legal framework, as well as the risks and litigation landscape, in the United Kingdom, Spain, the Netherlands, South Africa and the United Arab Emirates.
In the face of intensifying geopolitical risk and continuing economic uncertainty, the challenges for global employers to plan carefully and operate strategically to maintain a thriving workforce are greater than ever. We help employers navigate those challenges in our four-part webinar series featuring Baker McKenzie Global Employment Law colleagues from the Americas, Asia Pacific, Europe, and the Middle East and Africa who share legal updates and trends impacting US-based multinationals, and provide tips and best practices for your success.
In the face of intensifying geopolitical risk and continuing economic uncertainty, the challenges for global employers to plan carefully and operate strategically to maintain a thriving workforce is greater than ever. We’ll help employers navigate those challenges in our four-part webinar series featuring Baker McKenzie Global Employment Law colleagues from the Americas, Asia Pacific, Europe, and the Middle East and Africa who will share legal updates and trends impacting US-based multinationals, and provide tips and best practices for your success.
The Labour Appeal Court in South Africa recently clarified for employers the situation in which their employees’ cannabis use at home becomes applicable to their roles at work. In Enever v. Barloworld Equipment South Africa, a Division of Barloworld South Africa, the LAC ordered the employer to reinstate and pay over ZAR 1 million in backpay to an employee dismissed for repeatedly testing positive for cannabis use. The judgment reiterates the requirement of rationality where employers seek to limit an employee’s private conduct
The pandemic of medical certificate abuse is rife in both the public and private sectors, with many labor court cases in South Africa having decided that forging a sick note constitutes serious misconduct. A recent case of sick leave abuse in South Africa that found its way to the Labor Appeal Court again confirmed that an employer’s zero-tolerance approach to dishonesty and fraud was correct and that employees who are dishonest in their timekeeping practices will likely have a bitter pill to swallow when their actions are revealed.
In the case concerning a matter of unfair discrimination under the Employment Equity Act, the South African Labor Court ruled that, in this instance, the refusal to employ a job applicant because of their criminal history was unfair discrimination based on arbitrary grounds. This case serves as a reminder to employers that statutory protection against unfair discrimination also applies to employment applicants, and that there are risks in the rote reliance on factors used to select or reject staff.
Balancing work and family life may become easier for growing families in South Africa after a ground-breaking parental leave judgment in the High Court declared certain provisions of the Basic Conditions of Employment Act unconstitutional.
South Africa’s employment laws are viewed as more rigid than those in various other developing markets, but they are also not as stringent as those in many other markets. In addition, the country’s labour dispute resolution landscape is considered to be more effective than those in many other developing markets. Elements of stricter labour laws are needed when considering the country’s history of inequality, warranting a heightened need for measures to protect employees’ rights.
Our latest Doing Business in South Africa Guide outlines some of the principal matters affecting an overseas entity that wishes to establish and operate a business in the country. The Guide offers a range of practical advice and useful guidance for entities seeking to do business in the country.
South Africa’s newly enacted Employment Equity Amendment Act (EEA Act) includes changes to the legislation governing workplace transformation, as well stricter compliance measures for designated employers. Once in force, the EEA Act will oblige designated employers to prepare employment equity plans. It will be essential for such employers to align their plans to achieve the targets for the employment of black people under the broad-based black economic empowerment codes of good practice with their employment equity plans.