Page 4 - Business Sense 11.1 (Virosha Pillay)- eBook
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EMPLOYERS ARE ACCOUNTABLE FOR


        THEIR PRACTICES




                    Johan van Deventer,                                                                                         Corrective Focus
                     KZN Regional                                                                                                 The disciplinary process
                     Manager,                                                                                                   should aim to correct behaviour
                      LabourNet                                                                                                 rather than solely punish it. This
                                                                                                                                approach encourages employees
                         n South                                                                                                to learn from their mistakes,
                         Africa,                                                                                                thereby enhancing their
                      Iemployers                                                                                                accountability over time.
                       hold significant
                       accountability                                                                                            Legal disputes between
                       for their                                                                                                employees and employers often
                       practices,                                                                                               arise from conflicts regarding
                       particularly in                                                                                          rights and obligations established
                       relation to their                                                                                        under common law and labour
        obligations under labour laws,                                                                                          legislation. Understanding these
        which encompass a wide range of                                                                                         rights is crucial for both parties
        obligations aimed at protecting                                                                                         to navigate potential disputes
        employee rights and ensuring                                                                                            effectively. Employers must not
        a fair working environment.                                                                                             only fulfil these obligations
        Compliance is crucial not only   which offers protection against   To ensure accountability within  approach for addressing   but also ensure that their
        for legal adherence but also   unfair discrimination.       an organisation, it is crucial that   misconduct, detailing the   practices are consistent and
        for fostering a positive work   Employment Contracts        employees are clearly informed   types of transgressions and   fair. Recent case law emphasises
        environment.                                                about what they are accountable   corresponding disciplinary   the importance of procedural
                                        Employers must provide      for. By implementing clear and   measures. This ensures that   fairness in disciplinary actions
         This accountability is rooted in   written contracts that comply   accessible disciplinary code   employees understand the   against employees.
        various legislative frameworks   with minimum standards set   and policies, organisations   consequences of their actions,
        that outline the rights and   by the LRA, including wage    can enhance employee          which fosters a sense of       Failure to comply with these
        responsibilities of both employers                          accountability, ensuring      accountability.               legal standards can result in
        and employees.                rates, working hours, and leave   that everyone understands                               severe consequences, including
                                      entitlements. These contracts                               Communication and             financial penalties and
        KEY EMPLOYER                  serve as a foundation for the   their responsibilities and the   Accessibility            damages awarded to employees
                                                                    consequences of their actions.
        OBLIGATIONS                   employer-employee relationship.  Here’s how these elements    It is essential that the    for unfair treatment or unsafe
        Safe Working Environment      Remuneration                  contribute to accountability:  disciplinary code is         working conditions.
         Employers are required to      Employers have a primary    IMPORTANCE OF A               communicated effectively to all   For more information or
                                                                                                  employees in a language they
        provide and maintain a safe   obligation to remunerate      DISCIPLINARY CODE             can understand. This includes   assistance with compliance on
        working environment, as       employees for their services.                               providing written documentation   any employment legislation,
        mandated by the Occupational   This includes adhering to laws   Clear Standards of Conduct  to ensure that everyone is   do not hesitate to contact us.
        Health and Safety Act. This   regarding minimum wage and      A disciplinary code outlines   aware of the rules and their   Our expertise is crucial for
        includes taking reasonable    overtime pay.                 the expected behaviours and   implications.                 employers in navigating the
        steps to protect employees from                             standards within the workplace,                             complex legal frameworks
        physical and psychological harm,   Compliance with Statutory   making it clear to employees   Fairness and Consistency  governing the workplace. 
        such as harassment.           Requirements                  what constitutes acceptable     A well-drafted disciplinary
                                        Employers must register     and unacceptable conduct.     code promotes fairness by     T: +27 (0)31 266 6570
        Fair Treatment                                                                                                          C: +27 (0)82 786 7480
                                      with relevant authorities     This clarity helps prevent    ensuring that all employees are
         The Labour Relations Act     (e.g., SARS for tax purposes)   misunderstandings regarding   treated equally when disciplinary   E: johanvd@labournet.com
        (LRA) obligates employers to   and ensure compliance with   responsibilities.             action is necessary. This     W: www.labournet.com
        treat employees with dignity   various statutory obligations,                             consistency helps build trust in
        and respect, ensuring fair    such as UIF contributions     Framework for Disciplinary    the organisation’s governance
        labour practices. This is     and adherence to bargaining   Action                        and encourages employees to take
        reinforced by the Constitution,   council agreements.         The code provides a structured   responsibility for their actions.



        RESHAPING SOUTH AFRICA’S ECONOMIC LANDSCAPE



                                      economic landscape. Morar      For businesses, the focus is on   flexibility. The focus on job   these efforts hold great potential,
                                      Incorporated is closely       energy security, with plans to end   creation through SME growth and   the successful implementation
                                      monitoring these developments   load shedding through renewable   infrastructure development will   of these plans will be key to
                                      and their implications for both   energy, ensuring a reliable power   also provide more employment   improving the financial well-
                                      businesses and consumers.     supply and reducing costs. SME   opportunities, improving financial  being of both businesses and
                                                                    support will be enhanced by   security and stability.       consumers.
                                       President Cyril Ramaphosa’s
                                      speech outlined a clear       reducing regulatory barriers and   These initiatives aim to create   Morar Incorporated will help
                                      vision for economic growth    improving access to finance,   a more stable, affordable, and   you stay informed and make
                                      and stability, with several   allowing small businesses to   growth-driven environment for   the most of the opportunities
                                      key initiatives designed to   grow, create jobs, and remain   all South Africans.         ahead. 
                                      foster job creation, reduce   competitive. Additionally,
                                      unemployment, and improve     infrastructure investment in   In summary, President        Watch the following video:
                                      living standards. From        roads, digital services, and   Ramaphosa’s 2025 SONA        www.youtube.com/watch?v=VfMIoii-mkw
                                      revitalising critical industries   utilities will lower operational   promises a future of economic
                                      to investing R940 billion in   costs and improve efficiency.  growth driven by sustainable   T: +27 (0)33 345 4004
                                      infrastructure, these efforts   For consumers, the government   energy solutions, infrastructure   E: info@morar.co.za
                                      aim to create a competitive   plans to tackle the cost of living by   upgrades, and job creation. While   W: www.morar.co.za
                                      business environment while    reducing inflation and the prices
                                      supporting both businesses and   of essential goods, providing     morar
              he 2025 State of the Nation
              Address (SONA) unveiled   individuals.                much-needed relief. Tax relief       incorporated
        Tbold initiatives with the     Let’s dive into the key economic   is set to increase disposable   Chartered Accountants (SA)
        potential to reshape South Africa’s    points from the 2025 SONA.  income, offering greater financial   Registered Auditors
                                                                                                  Accounting | Auditing | Tax | Company Secretarial Services
                                                                                                    Public Sector Consulting | Forensics | ICT | Training
                                                                                                        Risk Management | Internal Audit
                                                                                                         www.morar.co.za
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