Important Alternatives to Retrenchment
When faced with financial challenges, many employers consider retrenchment to reduce costs and maintain the viability of their business. However, under section 189 of the Labour Relations Act (LRA), there are stringent procedural and substantive compliance requirements that must be met before proceeding with retrenchments. One of the most critical aspects of this process is consultation, which involves more than merely communicating the rationale, proposed timing, selection criteria, and measures considered to avoid retrenchments.
Overcoming Resistance to Change in the Workplace
In today's rapidly evolving business landscape, the ability to adapt to change is crucial for organizations to remain competitive. However, leaders often face resistance from employees when implementing new initiatives or processes. Understanding the psychological factors behind this resistance is key to developing effective strategies for managing change.
Evidence of Impairment: Cannabis
In a recent groundbreaking decision, the Labour Appeal Court ruled that a zero-tolerance policy on cannabis is generally a constitutional infringement of the right to privacy. The court emphasized that employees should not face prejudice unless there is evidence of impairment. This judgment has significant implications for employers who must now reevaluate their substance abuse policies and ensure they are not unfairly discriminating against employees who use cannabis outside of work hours.
Reference and Verification Checks: Balancing Legal Obligations and Hiring Needs
When conducting reference and verification checks during the hiring process, employers must navigate the requirements of various legal frameworks, particularly the Protection of Personal Information Act (POPI Act) and the Employment Equity Act (EEA). These Acts impose conditions on the processing of personal information and aim to prevent unfair discrimination in the workplace.
Nurturing Empathy in the Workplace: Understanding, Balancing, and Thriving
In today's dynamic and interconnected workplaces, we often hear the word "empathy" being tossed around. But in training sessions, I'm often asked to distinguish the difference between empathy and sympathy, and to explain what empathy actually looks like in the “corporate jungle”. Although I believe that definitions hold a lot of value the question from delegates is a lot deeper.
It’s Not What Happens to You, It’s How You Interpret and Respond to It
In the vast expanse of the business world, organizations are akin to ships navigating the same stormy seas of change. They are exposed to the same prevailing macro-environment: identical technologies, similar talent pools, and an equivalent economic context. Yet, amidst these shared circumstances, some emerge as beneficiaries of change, while others become casualties. The question arises: why this dichotomy?
How Far Can You Stretch Employees?
In the rapidly evolving landscape of the modern workplace, employers are increasingly faced with the challenge of ensuring their workforce remains competent and adaptable. This challenge is particularly pronounced in the context of the Fourth Industrial Revolution (4IR) and the VUCA (Volatility, Uncertainty, Complexity, and Ambiguity) world, where the pace of change is relentless. Employers must navigate the delicate balance between operational requirements and the legal and ethical considerations of employee management.
Prioritize your Life with the Eisenhower Matrix
In the TED talk was by Dr Darria Long, titled “An ER Doctor on Triaging Your ‘Crazy Busy’ Life”, she shares insights from the emergency room. As an emergency room physician, she shares practical strategies to regain control and reduce overwhelm when life becomes “crazy busy.” The same way doctors need to prioritise patients based on urgency, we need to triage our job and life demands.
Lawfulness of Personal Information Processing Under POPI
The Protection of Personal Information (POPI) Act serves as a cornerstone in safeguarding personal data within South Africa. Section 11 of the POPI Act delineates the conditions under which the processing of Personal Information (PI) is deemed lawful, ensuring that individuals’ data is handled with due care and in accordance with legal standards.
Eradicating Racism in the Workplace: A Firm Stance from the Labour Court
In a landmark ruling, the Labour Court has sent a clear message that racism will not be tolerated within the professional sphere, regardless of the perpetrator’s position. The case of Mpungose v Nedbank has become a pivotal point in the ongoing battle against workplace discrimination.
Resilience in the Workplace: A Key Ingredient for Success in 2024
I have recently been asked by many clients to design a learning journey with a specific focus on resilience and what it means in 2024. We can say that 2024 has brought with it a new set of challenges and opportunities for businesses in South Africa. Amidst this dynamic corporate, economic, and political landscape, one factor remains constant - the importance of resilience.
Dispelling Fixed-Term Contract Myths
Fixed-Term Contracts (FTCs) have long been known by various names: Limited Duration Contracts, Short-Duration Contracts, and Project Employment Contracts. Regardless of the terminology, the essence remains the same: an FTC is a contract clearly circumscribed by a defined time-period or a specific project description. After this period or upon project completion, the automatic termination doctrine applies. It is not a dismissal but rather a termination of the contract due to the effluxion of time or the end of a defined project.
