Employers’ Responses to Alcohol Addiction in South Africa: The Role of the Legislative Framework

by | May 25, 2023 | ILJ, ILJ V43 I1

Employers’ Responses to Alcohol Addiction in South Africa: The Role of the Legislative Framework

Author Betina Fleming

ISSN: 2413-9874
Affiliations: Attorney; LLB, LLM, University of the Witwatersrand
Source: Industrial Law Journal, Volume 43 Issue 1, 2022, p. 17 – 39

Abstract

Alcohol addiction in South Africa is a growing concern affecting many individuals, both professionally and personally. The impact of substance abuse on the workplace is immense and as such there is a need for employers to understand their roles, rights, and obligations in dealing with employees suffering from alcohol addiction. This article considers the definition of substance abuse, how it manifests itself in the workplace, and how employers can establish whether an employee is alcohol dependent. The article addresses the differences between misconduct in respect of social drinkers and incapacity in respect of employees suffering from alcohol addiction. It discusses the views of the International Labour Organisation (ILO) and provides an overview of the South African legislative framework under the Labour Relations Act, the Employment Equity Act, and the Prevention of and Treatment for Substance Abuse Act. The article goes on to identify the gaps between the ILO’s recommendations and South African law and suggests mechanisms to close these gaps. If South Africa is to take steps to guard against alcohol abuse and protect the rights of employees, the introduction of a framework to assist employers in managing alcohol addiction is paramount. Ensuring synergy between the ILO recommendations and South African legislation is the first step.

Football Lores: The Playing Field of the Dispute Resolution Chamber of the National Soccer League

by | May 25, 2023 | ILJ, ILJ V43 I1

Football Lores: The Playing Field of the Dispute Resolution Chamber of the National Soccer League

Author Saleem Seedat

ISSN: 2413-9874
Affiliations: Part-time lecturer, University of the Witwatersrand, Johannesburg. Past chairperson of the Dispute Resolution Chamber (DRC) of the National Soccer League (NSL) with its seat in Johannesburg
Source: Industrial Law Journal, Volume 43 Issue 1, 2022, p. 40 – 62

Abstract

This article outlines the history of the game of football and examines the determined effort in recent times by both FIFA and the national football associations to regulate football not only through rules but by establishing dispute resolution mechanisms. In South Africa, the professional footballing authority established an independent forum, the Dispute Resolution Chamber, to consider all disputes in the football environment. In complying with its mandate as the arbiter of footballing disputes, the chamber developed jurisprudence on issues that are endemic to football. While it reiterated the rights of players, it did not shirk its responsibility to the clubs by finding against those players who were errant. The article examines the challenges to its authority and the key issues with which it was faced in attempting to achieve its goal of establishing a body of consistent, reasonable, and just jurisprudence.

Note: Skills Development Levies: Contestation and Court Challenges

by | May 25, 2023 | ILJ, ILJ V43 I1

Note: Skills Development Levies: Contestation and Court Challenges

Author Dawn Norton

ISSN: 2413-9874
Affiliations: Director of Employment Law at Mkhabela Huntley Attorneys; BA (Hons), LLB, LLM (Witwatersrand)
Source: Industrial Law Journal, Volume 43 Issue 1, 2022, p. 63 – 73

Abstract

The Skills Development Act 97 of 1998 aims to develop labour force skills through a skills levy on employers. Under the Department of Labour, employers received a proportion of the levy as a mandatory training grant. This proportion decreased substantially in 2009 when the Department of Higher Education and Training (DHET) took charge of skills development. It leveraged the funds for projects primarily in the post schooling/tertiary sector, negatively affecting labour force skills development. The DHET ignored a Labour Appeal Court decision in 2019 declaring the relevant regulations invalid and irrational. This note argues that the skills development levy has been impermissibly appropriated by the DHET for a purpose outside the parameters originally established by the legislature.

Note: The Impact of the Covid-19 Pandemic on Labour Arbitration in Ontario, Canada

by | May 24, 2023 | ILJ, ILJ V42 I4

Note: The Impact of the Covid-19 Pandemic on Labour Arbitration in Ontario, Canada

Author Christopher Albertyn

ISSN: 2413-9874
Affiliations: Arbitrator, Toronto, Canada
Source: Industrial Law Journal, Volume 42 Issue 4, 2021, p. 2055 – 2065

Abstract

The note describes the workplace dispute resolution structures in Ontario, Canada, with an account of the role of arbitration in workplace dispute settlement. The focus is on the response of arbitrators, and union and employer counsel to the Covid-19 pandemic. This includes a discussion of procedural developments for the hearing of cases and how some of the substantive pandemic issues have been dealt with. Videoconferencing emerged as a significant method of arbitration. Its long-term impact is discussed, with an assessment of the pros and cons of arbitrations being conducted virtually, and a summary of good practices in videoconference hearings.

Note: Mandatory Vaccinations in the Workplace: Lessons from Covid-19

by | May 24, 2023 | ILJ, ILJ V42 I4

Note: Mandatory Vaccinations in the Workplace: Lessons from Covid-19

Author Monray Marsellus Botha

ISSN: 2413-9874
Affiliations: Professor, Department of Mercantile Law, Faculty of Law, University of Pretoria
Source: Industrial Law Journal, Volume 42 Issue 4, 2021, p. 2065 – 2081

Abstract

On 11 June 2021, the government issued a direction that specifically deals with mandatory vaccinations in the workplace. Employees are granted the right to refuse the vaccine on constitutional or medical grounds. Employers, in such instances, should take into consideration the rights of employees to bodily and psychological integrity and the right to freedom of religion, belief and opinion (ss 12 and 15 of the Constitution). For employers to implement such a policy, an overall assessment of whether the limitation is reasonable and justifiable should be conducted considering issues such as reasonable accommodation and possible alternative solutions before even considering dismissal.

Note: The Prohibition of Sexual Harassment in the Workplace: It Was Never Just About Sex

by | May 24, 2023 | ILJ, ILJ V42 I4

Note: The Prohibition of Sexual Harassment in the Workplace: It Was Never Just About Sex

Author Thulani Nkosi

ISSN: 2413-9874
Affiliations: Sessional Lecturer, School of Law, University of the Witwatersrand
Source: Industrial Law Journal, Volume 42 Issue 4, 2021, p. 2081 – 2099

Abstract

This note critiques the current approach to the adjudication of sexual harassment cases through the lens of two conflicting judgments. It argues that our courts have failed to articulate a coherent or a principled vision of sexual harassment law that is broader than the ‘sex guise’ in which sexual harassment cases are often presented. The argument developed in this note is that there has been a failure to differentiate between sex or conduct of a sexual nature and sexual harassment. Because of this failure, our courts appear to have made sex or every conduct of a sexual nature in the workplace a focus area of sexual harassment law. With reference to the historical evolution of the prohibition of sexual harassment and radical feminist literature, this note argues that sexual harassment law is not, and was never intended to operate as, a remedy for every conduct of a sexual nature in the workplace. There may be conduct of a sexual nature which is deemed inappropriate in the workplace, but such conduct does not become sexual harassment for that reason. The objective behind the prohibition of workplace sexual harassment is the elimination of sexism which is the real barrier to gender equality in the workplace.