Labour Law Update
BEING HONEST AND SUPPLYING TRUTHFUL INFORMATION ON CV’s
Section 32B(3) of the Act provides that “A person is guilty of an offence, if such person falsely or fraudulently claims to be holding a qualification or part-qualification registered on the NQF or awarded by an education institution, skills development provider, QC or obtained from a lawfully recognised foreign institution.” In terms of s32B(6), any person convicted of an offence in terms of s32B(3) is liable to a fine or to imprisonment for a period not exceeding five years, or to both a fine and imprisonment. The amendments mean that fraudulently misrepresenting one’s qualifications or part-qualifications can have very serious consequences, over and above the possibility of being dismissed for misrepresentation and/or dishonesty.
VIOLENCE AND HARASSMENT IN THE WORKPLACE
An employer must ensure that there are competent policies against harassment in its organisations which will inform and educate employees about sexual harassment and harassment generally, as it often tends to be veiled by other flattering gestures, this is highlighted by Article 4(b) of the Convention. The Employment Equity Act, No 55 of 1998 (The Employment Equity Act) is the legislation which sets outs practical details on handling sexual harassment, particularly in the Code of Good Practice and Handling of Sexual Harassment (The Code). The Code describes the various forms of sexual harassment and conduct which can constitute sexaul harassment. Employers that do not ensure that their relevant policies address these aspects may be held liable for failure to take reasonable steps and, to prevent sexual harassment face the prospect of punitive damages as a consequence.