The South African labour environment is a unique and dynamic one, presenting a multitude of challenges and obstacles for employers to overcome on a daily basis. In particular, the stringent and often complex labour legislation has placed additional strain on employers who are attempting to run a successful business.
As a result of this environment, Invictus has realised that there is a need to provide cost effective IR and HR services to small, medium & large businesses, to assist and overcome daily concerns arising out of legislation such as the Basic Conditions of Employment Act (herein after referred to as the BCEA), the Labour Relations Act, the Skills Development Act and the Employment Equity Act.
Possible risks associated with employment.
Employees are entitled to fair disciplinary measures, which should be corrective and/or progressive in their application, meaning that the 3 warnings and you’re out routine – no longer applies. Rather, each case must be decided on its own merits, and sanctions must be based on the nature and severity of the offence;
When dismissing an employee both substantive and procedural fairness must be applied, a failure to do so could result in the employer having to compensate the employee up to 12 months worth of salary;
Furthermore, should a dismissal involve a disregard for a constitutional right (such as belonging to a trade union or an employee’s pregnancy), that compensation could be increased up to 24 months;
Employees that are not bound with a restraint of trade are able to ransack important company information and divulge this to your closest competitors, with the employer being left with no recourse;
Failing/refusing to attend CCMA matters, such as conciliations and arbitrations, could result in those matters becoming an order of the Labour Court, whereby property could be attached by the Sheriff and sold as a measure to recover costs;
The employment of illegal immigrants is a highly contentious issue and the government handles offenders in the harshest light, with fines of up to R20 000 per immigrant; and
Employers that fail to comply with Sections 43, 44 and 46 of the BCEA could result in themselves being sentenced to a period of 3 years imprisonment. In addition, should the employer fail to comply with any other section of theBCEA, he/she will be liable to pay a fine for every employee affected.