E-Medical Consultations and Certificates – Should Employers Accept them?
It is our opinion that an online consultation with a registered medical practitioner and the issuing of an electronic medical certificate booking the employee off work should generally be accepted as legitimate and equivalent to an in-person medical consultation and certificate in South Africa.
The requirements for valid medical certificates
In South Africa, the validity of medical certificates is a crucial aspect of employee-employer relationships. This article explores the legal requirements for valid medical certificates as outlined in the Basic Conditions of Employment Act (BCEA) and the rules set by the Health Professions Council of South Africa (HPCSA). Additionally, we will examine the recent Labour Appeal Court case of Sibanye Stillwater v AMCU, which highlights the consequences of submitting fraudulent medical certificates.
Appropriation of Liability between Clients and their Temporary Employment Service (TES) Providers
In today's rapidly changing and increasingly uncertain global environment, businesses are seeking more agile and flexible solutions to manage their workforce effectively. As a result, hybrid workforce models, which combine permanent employees with temporary staff, are becoming increasingly popular. This trend is driven by the need for companies to quickly adapt to fluctuating market demands, while maintaining a compliant and cost-effective workforce.
The National Health Insurance Bill Signed into Law: A Controversial Solution to South Africa's Health Care Crisis, What Next
President Cyril Ramaphosa's signing of the National Health Insurance (NHI) Bill into law aims to radically transform South Africa's health care system by establishing a National Health Insurance Fund as the single payer for comprehensive health care services. However, implementing the NHI in an economy with minimal growth, high unemployment, and a shrinking taxpayer base poses significant challenges.
Strike Trends and What to Expect in South Africa
South Africa has seen a decline in the number of worker strikes in 2023, with 83 recorded incidents compared to 86 in 2022 and 165 in 2018, according to the Casual Workers Advice Office (CWAO). However, this figure does not include multiple demonstrations that took place at universities, hospitals, and the State Information Technology Agency.
Communication with Employees Regarding Election Day
As South Africa approaches the general elections on May 29th, 2024, employers should consider communicating clearly with their employees about this important event. By doing so, companies can foster a culture of engagement and ensure that their employees are well-informed about the implications of the election day on their work arrangements.
President Ramaphosa Signs Landmark Hate Crimes and Hate Speech Bill into Law Johannesburg, 9 May 2024
In a historic move for South Africa, President Cyril Ramaphosa has officially signed the Prevention and Combating of Hate Crimes and Hate Speech Bill into law. The new legislation, which comes into effect immediately, provides powerful legal tools to combat unfair discrimination, intolerance and prejudice.
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.
