https://solidgold.co.za Andrew Levy Employment are specialists in all matters of employment law and practice, and have been offering advice and guiding leading employers for over 40 years. We are leaders in employment relations, labour market analysis, and economic forecasting. We provide high-level advisory services, educational seminars and training, and in-depth analysis in the broader labour market. With over forty years of experience in dealing with and managing labour law and employment relations, Andrew Levy Consulting offers clients hands-on assistance with any labour related matter. Our consulting services have been used by HR teams, executives, directors, shareholders and general managers for decades. Our pragmatic, solutions-focused approach continues to prove effective at resolving any labour related matter, allowing our clients to continuously improve their human capital strategy. Business en Fri, 29 Jan 2021 11:11:54 +0200 Tue, 04 Feb 2025 09:22:30 +0200 30 http://blogs.law.harvard.edu/tech/rss iono.fm 2.5.2.0 Solid Gold Podcasts #BeHeard no Andrew Levy Yearly feeds@iono.fm (Feed Manager) https://cdn.iono.fm/files/p1036/logo_6060_20250910_162105_1400.jpeg https://solidgold.co.za Andrew Levy Employment are specialists in all matters of employment law and practice, and have been offering advice and guiding leading employers for over 40 years. Solid Gold Podcasts #BeHeard episodic Solid Gold Podcasts #BeHeard info@solidgold.co.za false ZA https://iono.fm/e/1524102 https://iono.fm/e/1524102
Key discussion points include:
- Can employers require employees to see a company-appointed doctor? Andrew explains the legal basis and how to handle refusals.
- Sick leave vs. annual leave disputes. What happens when an employee tries to convert declined sick leave into annual leave?
- Sick leave taken during annual leave. Andrew clarifies when employees can rightfully claim sick leave.
- The importance of clear workplace policies to prevent confusion and misuse of leave entitlements.

Employers often struggle with balancing fairness and compliance in absence management, this episode offers practical solutions to ensure your policies align with labor law. Website]]> Business Fri, 04 Apr 2025 08:15:00 +0200 0 0 #30 Managing Sick Leave 0 0 Andrew Levy full 10:02 Labour Matters with Andrew Levy https://iono.fm/e/1524090 https://iono.fm/e/1524090
Key discussion points include:
- Defining harassment; what constitutes unwanted conduct and how to assess a hostile work environment.
- A detailed breakdown of a workplace bullying case, where allegations were made but evidence did not support the claim.
- The fine line between legitimate management practices vs. bullying, especially in performance management scenarios.
- Addressing false allegations made in bad faith; how to navigate these cases while maintaining fairness.
- The reality of false allegations in sexual harassment cases and why they remain rare, despite misconceptions.

This insightful conversation sheds light on the legal nuances of workplace misconduct and the importance of fair, evidence-based investigations. Website]]> Business Tue, 04 Mar 2025 09:15:00 +0200 0 0 #029 Workplace Harassment & Bullying 0 0 Andrew Levy full 11:45 Labour Matters with Andrew Levy https://iono.fm/e/1524082 https://iono.fm/e/1524082
Key discussion points include:
- The move toward simplified dismissal procedures and its impact on businesses, especially smaller enterprises.
- Changes to retrenchment procedures and how they streamline processes for employers.
- The codification of incompatibility cases, with Sarah referencing historical case studies.
- Major updates to probation period management, including the removal of investigative requirements.
- Notable omissions in the new code, such as the lack of references to union officials.

Andrew wraps up by announcing a webinar on March 6th to explore these changes in greater depth. Webinar information · Website]]> Business Tue, 04 Feb 2025 09:00:00 +0200 0 0 #028 A New Era for Dismissal: the Draft Code of Good Practice 0 0 Andrew Levy full 9:54 Labour Matters with Andrew Levy https://iono.fm/e/1326638 https://iono.fm/e/1326638 Website]]> Business Fri, 30 Jun 2023 12:10:00 +0200 0 0 #027 Separation anxiety 0 0 Andrew Levy full 14:15 Labour Matters with Andrew Levy https://iono.fm/e/1326635 https://iono.fm/e/1326635 Website]]> Business Fri, 30 Jun 2023 12:00:00 +0200 0 0 #026 Soft dismissals with a bang! 0 0 Andrew Levy full 16:05 Labour Matters with Andrew Levy https://iono.fm/e/1303423 https://iono.fm/e/1303423 Website]]> Business Mon, 24 Apr 2023 09:15:00 +0200 0 0 #025 Foreign Exchange 0 0 Andrew Levy full 7:19 Labour Matters with Andrew Levy https://iono.fm/e/1303420 https://iono.fm/e/1303420 Website]]> Business Mon, 24 Apr 2023 09:00:00 +0200 0 0 #024 The ups & downs of the pay see-saw 0 0 Andrew Levy full 12:53 Labour Matters with Andrew Levy https://iono.fm/e/1260270 https://iono.fm/e/1260270
- The question around the employment of foreigners
Get a handle on the Government's draft plan to deal with the "illegals" issue and at the same time attract skilled labour

- The outlook for inflation in 2023 and how this will affect wage demands, employee expectations and settlements in the coming year

- Workplace harassment - a new code of practice
Find out how the code aims to eliminate sexual and racial harassment and address the problem of bullying in the workplace

- The amended Employment Equity Act
Find out what this means for small businesses with the narrow definition of a "designated employer" and who will be responsible for setting sectoral numerical targets Website]]> Business Tue, 06 Dec 2022 13:50:00 +0200 0 0 #023 Year End Round Up 2022 0 0 Andrew Levy full 25:02 Labour Matters with Andrew Levy https://iono.fm/e/1213356 https://iono.fm/e/1213356
He discusses the importance of the definitions, the distinction between wage and remuneration, how ‘ordinary’ hours of work are defined, "use it or lose it" policies for leave, changing hours of work and why most incentives and bonuses are not discretionary. Leave and absence, sick leave and medical certificates, terminations, the issue of short time and the 13th
cheque are all part of the mixed bag. Website]]> Business Mon, 08 Aug 2022 12:26:00 +0200 0 0 #022 Fun with the BCEA 0 0 Andrew Levy full 15:49 Labour Matters with Andrew Levy https://iono.fm/e/1213351 https://iono.fm/e/1213351
Why Eskom’s negotiation strategy went wrong from the start, lacking credibility and leading to unlawful strike action - when as an essential service, wage arbitration could have saved the day.
Why government saw fit to intervene and significantly took a strong and critical stance against the unions and its members.
Why government intervention in a strike situation is not recommended and how the forced settlement at Eskom will affect upcoming negotiations in the public sector and set a serious precedent. Website]]> Business Mon, 08 Aug 2022 12:18:00 +0200 0 0 #021 Goings on in Government 0 0 Andrew Levy full 12:30 Labour Matters with Andrew Levy https://iono.fm/e/1178798 https://iono.fm/e/1178798
Prior to the enactment of the 1995 Labour Relations Act, labour law was rigid in terms of obeying rules but now there is now a greater focus on Codes to regulate the standards of behaviour. The Codes rely on self-discipline from employers, as employees can blow the whistle and run straight to the CCMA with any infringement. The Code on Managing Covid includes the issues of testing, vaccination, sick leave, policies and refusers.
The Code on Harassment introduces the umbrella term of ‘harassment,’ the law on racist and sexist behaviour and the concepts of ‘bullying’ and ‘workplace bullying.’

Know your Codes: Andrew & Sarah Levy will be running two morning Zoom Webinars on the following dates
Session 1: The Code of Good Practice: Managing Covid in the Workplace: Tuesday 31 May 2022
Session 2: The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace: Thursday 2 June 2022
For more information email cecilia@andrewlevy.co.za or call +27 83 227 0286 Website]]> Business Tue, 03 May 2022 11:05:00 +0200 0 0 #020 New Codes on Managing COVID & Harassment 0 0 Andrew Levy full 13:18 Labour Matters with Andrew Levy https://iono.fm/e/1178796 https://iono.fm/e/1178796
How this will affect union wage demands and how employers are likely to respond under the current economic circumstances? What the likelihood of strike action will be in the coming months, what sectors are hotspots for action and why unions are holding out for settlements that are unattainable and often result in long term wage loss.

Know your Codes: Andrew & Sarah Levy will be running two morning Zoom Webinars on the following dates:
Session 1: The Code of Good Practice: Managing Covid in the Workplace: Tuesday 31 May 2022
Session 2: The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace: Thursday 2 June 2022
For more information email cecilia@andrewlevy.co.za or call on +2783 227 0286 Website]]> Business Tue, 03 May 2022 10:58:00 +0200 0 0 #019 Latest on Wages, Strikes and Collective Bargaining 0 0 Andrew Levy full 12:04 Labour Matters with Andrew Levy https://iono.fm/e/1155684 https://iono.fm/e/1155684
What is the difference between information, evidence and proof and when does evidence become proof?

Why is the wording of the charge so important and how do the common law obligations fit in?

How does an employer conceptualise its case in order to be successful and what is the burden of proof in the case of a disciplinary hearing as opposed to a criminal case? Website]]> Business Mon, 21 Feb 2022 08:00:00 +0200 0 0 #018 A matter of fact - Evidence in Hearings 0 0 Andrew Levy full 9:38 Labour Matters with Andrew Levy https://iono.fm/e/1155682 https://iono.fm/e/1155682
What approach will the unions be taking as wage negotiations get underway and will they be able to make up for lost ground during lockdown conditions?

How will employers deal with increased demands from unions following the levelling out of wages during lockdown in these tough economic times?

What is the outlook for strike action this year as the parties entrench their positions in an uncertain and bleak trading environment?
Why is GDP growth so important and what steps need to be taken by the government to open up the labour market and create much needed jobs? Website]]> Business Tue, 15 Feb 2022 08:00:00 +0200 0 0 #017 After the deluge - A post-COVID economy 0 0 Andrew Levy full 13:04 Labour Matters with Andrew Levy https://iono.fm/e/1136004 https://iono.fm/e/1136004
There are, he says, never disputes about wages only the comparison between wages and it is important to understand how these differences arise and why they can be regarded as fair.

For examples, different industries pay different rates with some being high paying and others low paying. Skilled employees can earn more in most areas, whilst unions can bargain for more for their members. Geographic differentials also play a part.

Larger organisations can pay more and a dangerous job will command more.

In summary, it is this understanding of why people do not have to be paid the same, that leads to an understanding of pay equality and the equilibrating forces that underlie it. Website]]> Business Mon, 24 Jan 2022 06:00:00 +0200 0 0 #016 Wage Differentials - It's the Difference That Counts 0 0 Andrew Levy full 11:39 Labour Matters with Andrew Levy https://iono.fm/e/1136002 https://iono.fm/e/1136002
Andrew Levy discusses his views on the issue of radical labour market reform and the need for strong growth of around 5% over the next decade in order to bring about much needed job creation.

He advocates the scrapping of bargaining councils, the introduction of the strike ballot, and a statutory duty to bargain in good faith with penalties if not adhered to, as well as guidance around the area of union competition.

He recommends limited access to the CCMA depending on screening and length of service, coupled with an active and vigorous policy of awarding costs.

All this hinges of course on government buy-in and the creation of an enabling environment. Website]]> Business Mon, 10 Jan 2022 06:00:00 +0200 0 0 #015 Unemployment - Fixing SA's Broken Labour Market 0 0 Andrew Levy full 18:15 Labour Matters with Andrew Levy https://iono.fm/e/1135998 https://iono.fm/e/1135998
With the dark COVID cloud still hovering above us the effect on the economy has been dramatic with employment, wages and earnings being the main casualties. Listen to Andrew as he discusses the issue of mandatory vaccination in the workplace. How this fits in with the rights enshrined in our Constitution and how you can safely handle those anti-vaxxers.

What is happening in the realm and direction of wage settlements?

Why we are surprisingly seeing more militant strikes in the current economic environment and why union strategies appear not to have changed in light of our fragile economy. Website]]> Business Fri, 10 Dec 2021 07:59:00 +0200 0 0 #014 Year-end Roundup - a look ahead to 2022 0 0 Andrew Levy full 12:30 Labour Matters with Andrew Levy https://iono.fm/e/1123932 https://iono.fm/e/1123932
These include the implementation of the national minimum wage, the changes with regard to labour brokers and fixed term contracts and the introduction of parental leave. It also includes a section on how to handle industrial action, the questions surrounding Covid-19 and the 4th Industrial Revolution. Written in Andrew’s inimitable style, interspersed with his hands-on Levy Laws, and case studies, it concludes with a useful decision making methodology that will enable employers to make better labour related decisions and avoid costly mistakes. Website]]> Business Mon, 08 Nov 2021 19:11:00 +0200 0 0 #013 Andrew Levy's Labour Law in Practice 2nd Revised Edition 0 0 Andrew Levy full 6:27 Labour Matters with Andrew Levy https://iono.fm/e/1123930 https://iono.fm/e/1123930 Website]]> Business Mon, 08 Nov 2021 19:09:00 +0200 0 0 #012 Strike Spike 2021 4th quarter 0 0 Andrew Levy full 10:14 Labour Matters with Andrew Levy https://iono.fm/e/1123929 https://iono.fm/e/1123929
Find out what Andrew has to say about this topical and sensitive issue.

How South Africa’s Constitution balances the rights of both the employer and the employee. And how the clause with regard to the limitations of these rights goes even further in terms of bypassing some of these protections in the light of higher ideals such as protecting the environment. If an employee decides not be vaccinated, what is the situation with regard to the employer who needs to provide a safe working environment? And finally the question of whether you can suspend and ultimately dismiss an employee for refusing to vaccinate and how you can fairly go about this. Website]]> Business Mon, 08 Nov 2021 19:07:00 +0200 0 0 #011 Compelling an employee to vaccinate - is it a Yes or No? 0 0 Andrew Levy full 11:04 Labour Matters with Andrew Levy https://iono.fm/e/1102556 https://iono.fm/e/1102556
Understanding the New Draft Code on the Prevention and Elimination of Violence and Harassment in the World of Work and the five significant changes that are introduced into South African labour law including the bringing together of violence including gender based violence with harassment and a broader list of those who can be perpetrators and victims of sexual harassment. Andrew and Sarah discuss the significant expansions brought about by the introduction of the concept of the world of work, as well as the impact of technology and social media in perpetuating and covering up harassment. Sarah then goes on to discuss the introduction of bullying into the code, and distinguishes it from mobbing. Draft code on the prevention and elimination of violence and harassment · ILO Violence and Harassment Convention, 2019 (No. 190) · Website]]> Business Mon, 20 Sep 2021 10:59:00 +0200 0 0 #010 Violence and Harassment - Another burden for the employer? 0 0 Andrew Levy full 33:42 Labour Matters with Andrew Levy https://iono.fm/e/1086825 https://iono.fm/e/1086825
In this episode, Sarah Levy of Levy Africa Network talks to Andrew Levy about how to develop successful sexual harassment training programmes, focusing on the four common questions that delegates on violence and harassment training typically ask - why me? what is harassment? what if someone reports an incident of violence and harassment to me? and what if I witness it? Sarah and Andrew discuss the important concept of the bystander effect, and how important it is to train bystanders to move from being passive witnesses to active bystanders or upstanders.

In the programme, Sarah also elaborates on the importance of developing empathy and how to address a number of myths around violence and harassment, such as the myth that only sexual attractive people can be subjected to harassment. Visit Levy Africa Network to learn more about our training programmes. · Website]]> Business Mon, 16 Aug 2021 14:09:00 +0200 0 0 #009 Building successful sexual harassment training programs 0 0 Andrew Levy full 20:57 Labour Matters with Andrew Levy https://iono.fm/e/1020252 https://iono.fm/e/1020252
How a badly drawn up grievance procedure can lead to more problems such as challenging authority and how important it is to have an exclusion clause for issues where other policies / procedures exist.

That procedures should be streamlined for different groups, and not contain clauses that may allow or prevent outcomes.

He also explains when it is necessary to call a halt to their continued submission. Website]]> Business Tue, 06 Apr 2021 17:03:00 +0200 0 0 #008 Grievance procedure - practical advice on dealing with abuse of the process 0 0 Andrew Levy full 7:43 Labour Matters with Andrew Levy https://iono.fm/e/1020248 https://iono.fm/e/1020248
He covers the broad outline and principles around what does and does not constitute the abuse of sick leave. What the three types of leave are and at what stage it becomes unauthorised.

The importance of finding a pattern and at what point absenteeism moves to the realm of discipline, no pay and ultimately termination. Website]]> Business Tue, 06 Apr 2021 16:59:00 +0200 0 0 #007 Absenteeism - Practical advice on absenteeism, attendance, the abuse of sick leave and the like 0 0 Andrew Levy full 7:39 Labour Matters with Andrew Levy https://iono.fm/e/1001347 https://iono.fm/e/1001347
The answer is that it can be one or the other and will depend on how it’s drafted. Given that the employment contract is one of the pillars of the employment relationship and is the first thing an employee will reach for when the relationship turns sour, it is sometimes surprising to see how many contracts there are that actually limit the employer and put huge power into the hands of the employee. Had they understood this, would employers be so eager to pay good money for over-contractualised contracts that specify in the minutest detail exactly what employees must do, when the employer does not need the power of contract to enforce the majority of rights it already has?

At the root of the problem is the fact that employment is one of the most dynamic relationships of all, and an employer that can rapidly respond to the ever-changing demands of the market will be the employer with the most successful operation. On the other hand, contracts tend to be static documents - for the simple reason that they try and make the relationship stable and predictable - and don’t cope well with change.

Is there a middle way? Indeed there is and careful drafting can reward you with a contract that has the best of both worlds. Just what this contains and possibly more importantly, exactly what should be left out of an employment contract is the topic of this Podcast and I am confident that my top tips will help you to draft better ones and improve your flexibility. Website]]> Business Wed, 24 Feb 2021 14:52:00 +0200 0 0 #006 A word about contracts 0 0 Andrew Levy full 9:54 Labour Matters with Andrew Levy https://iono.fm/e/1001341 https://iono.fm/e/1001341
No matter what you do, you will never eradicate this problem, as it is endemic to work. Nevertheless, once we give you some basic principles and teach you some practical techniques, we will materially help you to not only understand the whole issue around absenteeism, but you will be given some really powerful weapons to deal with it.

These are insights based on the working lifetime's exposure to all the abuses and excuses employees come up with in respect of taking some time off work, at your expense.



As usual, I'm going to build up from an understanding of the principles, stated simply and clearly, because once you understand those you are in the driver’s seat. Once we've established these, I will show you some top tips for practically gaining the upper hand in this perennial struggle.

Today I'm going to talk about the employee who is absent without permission, and then comes back and tells you that she will "… take it as annual leave…” Website]]> Business Wed, 24 Feb 2021 14:34:00 +0200 0 0 #005 …I’ll take that as annual leave… 0 0 Andrew Levy full 9:27 Labour Matters with Andrew Levy https://iono.fm/e/988525 https://iono.fm/e/988525
Don’t be left hanging - Do I have to have a hearing before I suspend someone? Sanity at last!, and drafting suspension letters that will support the employees’ weight.

Now you see them, now you don’t – resigning with immediate effect and it’s just desserts. We all know this is a favourite employee trick -but is it kosher? Can you hold a hearing in their absence, and can you give a reference that says that they are a deserter?

Revenge is a dish best served cold. Website]]> Business Mon, 11 Jan 2021 08:00:00 +0200 0 0 #004 Resigning with immediate effect and its just desserts 0 0 Andrew Levy full 7:37 Labour Matters with Andrew Levy https://iono.fm/e/988521 https://iono.fm/e/988521
2020 was a watershed year as the lockdown took hold. 2021 will prove to be just as difficult with new challenges. Working from Home (WFH) has resulted in increased cases of employee stress and depression and with it the issue of handling poor performance at a distance. Will lost jobs be reabsorbed back into the economy and how is the union movement dealing with the spectre of unemployment and ongoing retrenchment? Strike incidence is down but there is an increase in “lawfare” which can be a double edged sword.

Listen and be prepared. Website]]> Business Mon, 04 Jan 2021 08:00:00 +0200 0 0 #003 View From the Lookout - Jan 2021 0 0 Andrew Levy full 7:00 Labour Matters with Andrew Levy https://iono.fm/e/988519 https://iono.fm/e/988519
Covid’s effect on unemployment, GDP and retrenchment numbers. Average settlement levels for unionised and non-unionised staff. Union strategic approaches to negotiating in a tough economic environment and levels of current demands. The outlook for the pattern and propensity of strike action over the coming months and what will happen to wage cuts and rates of pay once the State of Disaster is lifted? Website]]> Business Mon, 30 Nov 2020 10:01:00 +0200 0 0 #002 View From the Lookout - Nov 2020 0 0 Andrew Levy full 7:14 Labour Matters with Andrew Levy https://iono.fm/e/988516 https://iono.fm/e/988516
It discusses key factors that must be taken into account at the negotiating table and the importance of benchmarking, affordability and comparability. It keeps you abreast of labour market developments, statutory changes, as well as comprehensive strike data and union strike propensity Website]]> Business Mon, 30 Nov 2020 08:00:00 +0200 0 0 #001 Negotiating in the dark can lead you down a blind alley or up the creek! 0 0 Andrew Levy full 5:51 Labour Matters with Andrew Levy