The rights of Employers and Employees in the workplace | Part 1
06.03.24 05:06 PM By platinumbusinesswithpathfind
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This month we will be celebrating our Human Rights Day and it is a proud and special celebration for South Africans as these basic Human rights were hard fought for. Our rights extend to many areas though, thanks to one of the best constitutions in the world, and some of these are those we enjoy in the workplace.
We all have rights in the workplace, both as employers and employees. This article and the one to follow are not intended to get into the intricate legal details of these rights but are a summary of the basic rights that we should all enjoy in the workplace and in knowing these we believe that a lot of workplace conflict can be avoided.
This is a big subject, so this article has been summarised and focusses only on Employer’s rights. Part 2 will be on the rights of employees. Should you need to understand the more intricate details of any of these rights, it is best to engage the assistance of
Labour and Industrial Relations experts.
Employers rights
When someone is hired, a contract of employment should be drawn up, agreed upon and signed. The employer firstly enjoys the right to choose whomever they wish to employ based on their skills and experience and if they believe the person will be a good ‘fit’ for their business. They have the right to expect a candidate’s information regarding previous experience and skills to be accurate and they have recourse if they later discover this was not so.
In accordance with the basic terms of employment, the Employer can expect the employee to render the services for which they were hired on the agreed days and times, perform in accordance with what was agreed upon and carry out all reasonable instructions of the employer or assigned management of the employer at all times, within the gambit of the agreement.
Usually, within that agreement, it will also be expected that employees will comply with the rules, policies and procedures of the company and apply its workplace standards.
The expectation of good conduct
What cannot always be clearly defined in a contract, however, is the conduct of the employee in the workplace. The employer does have the right, however, to expect that the employee will conduct him or herself in such a manner that is not detrimental to the business both within and outside of the company’s premises, and especially within the workplace that he/she does not display disruptive or disgruntled behaviour without firstly airing any grievances with their immediate superiors.
It is also not always clearly defined but it is certainly reasonable for the employer to expect the employee to have the company’s best interests at heart, show some loyalty to the company and uphold product standards. They should in particular comply with health and safety regulations as set out by law. This is usually a contractual obligation.
Employers also have the right to avoid workplace conflict by expecting employees who witness any breaches of company policies, acts of dishonesty or possible damage to the company’s property or reputation, to come forward and report this to their immediate superiors.
Engage the professionals
We have just touched on the basics of an employer’s rights here but one of the great advantages that both employers and employees have is that there are professional people who can ensure that the correct contract is put in place from the outset making all the terms of the engagement clear and transparent to both parties – and accommodating the rights of both parties too.
Platinum Business Solutions are expert labour and Industrial Relations professionals that not only ensure this but implement several disciplines to avoid workplace conflict, as prevention is always preferable to cure.
The necessity arises, however, we will ensure that the rights of both parties are fairly upheld in the event of conflict or labour union action.
Talk to us today and nip workplace conflict in the bud – and watch this space for part two of
the rights of Employers and Employees in the workplace. 
