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So far s26superu has created 101 blog entries.

Restraint of trade: What does it mean?

2019-01-29T10:14:02+02:00

Provided By Abrahams & Gross By Jeremy Simon & Wesley Scheepers

The majority of employment contracts contain a restraint of trade clause. Many people merely consider it a standard clause but it can have serious implications for future employment.

The implications can be seen in the recent dispute [more…]

Restraint of trade: What does it mean? 2019-01-29T10:14:02+02:00

Applications for exemptions from the National Minimum Wage.

2019-02-05T08:10:23+02:00

The regulations may be viewed by clicking here.
 
The online system can be accessed at https://nmw.labour.gov.za.

Please note: Parental maternity leave and Poster display (Section 30 of the Act)- 

Parental family responsibility leave, an amendment of the UIF and an amended section 30  (Wording [more…]

Applications for exemptions from the National Minimum Wage. 2019-02-05T08:10:23+02:00

You will have to pay your domestic worker more from this week

2018-12-10T15:24:27+02:00

The Department of Labour has increased the minimum wage payable to South African domestic workers.

Published on Monday (3 December), the new minimum wage will take immediate effect and employers will now be responsible for ensuring that they meet the new wages as prescribed by the legislation.

This minimum wage will continue until the official introduction of [more…]

You will have to pay your domestic worker more from this week 2018-12-10T15:24:27+02:00

Minimum wage and paternal leave addressed

2018-12-10T15:21:28+02:00

Cofesa Labour Law Specialists·Thursday, December 6, 2018

Provided by: Eversheds Sutherland | By: Pascale De Froberville

After much anticipation, President Cyril Ramaphosa has signed the National Minimum Wage Bill and the Labour Laws Amendment Bill into law.

These laws will bring about some major changes in South African labour law and will have significant consequences for [more…]

Minimum wage and paternal leave addressed 2018-12-10T15:21:28+02:00

Ramaphosa onderteken wetsontwerp oor minimum loon

2019-02-05T08:21:33+02:00

Die nasionale minimum loon tree op 1 Januarie 2019 in werking nadat pres. Cyril Ramaphosa op Vrydag 23 November die wetsontwerp op die nasionale minimum loon onderteken het.

Dié stap volg nadat die Nasionale Raad van Provinsies die wetsontwerp in Augustus goedgekeur het. Luidens ’n berig op Times Live het [more…]

Ramaphosa onderteken wetsontwerp oor minimum loon 2019-02-05T08:21:33+02:00

Department of Labour winds Contract Cleaning Sector national public hearings to review minimum wage and now awaits determination

2018-11-12T19:54:15+02:00

The Bargaining Forum in the Contract Cleaning Sector has proposed revised wages ahead of the review of the current sectoral determination.

The Department of Labour had in the past two weeks started a high-level series of national public hearings on the Contract Cleaning sector. The purpose of the nationwide public hearings was to consult interested parties [more…]

Department of Labour winds Contract Cleaning Sector national public hearings to review minimum wage and now awaits determination 2018-11-12T19:54:15+02:00

Ignoring CCMA Awards

2018-11-09T09:14:04+02:00

When the CCMA makes an award for the reinstatement of an employee who has been unfairly dismissed or suspended, it seldom goes down well. But what happens if the employer ignores the award?

In the case of Ilembe Outsourcing and Recruitment c.c. and others v Nosango (2018), the Labour Appeal Court (LAC) was faced with a [more…]

Ignoring CCMA Awards 2018-11-09T09:14:04+02:00

What you need to know about notice periods, termination pay and the BCEA

2018-11-06T10:30:34+02:00

BizCommunity | 29 Oct 2018

If you have signed an employment contract that specifies something different to the Basic Conditions of Employment Act (BCEA), this will supersede what’s outlined in the Act provided that there is agreement between the parties and the conditions specified are not less favourable than the BCEA, warns Cathie Webb, member (and [more…]

What you need to know about notice periods, termination pay and the BCEA 2018-11-06T10:30:34+02:00

Unfair discrimination on the ground of disability – Employers should proceed with caution to avoid getting “burnt”

2018-11-02T11:10:44+02:00

GoLegal Provided By ENSafrica By Andi Michalow

Two interesting South African decisions, both dealing with the employment of firefighters, illustrate important principles relating to potential claims where an employee alleges unfair discrimination on the basis of a disability or an analogous ground.

The case of South African Municipal Workers Union obo Damons v City of Cape [more…]

Unfair discrimination on the ground of disability – Employers should proceed with caution to avoid getting “burnt” 2018-11-02T11:10:44+02:00

Unfair discrimination – What is the burden of proof?

2018-10-23T13:44:43+02:00
Provided by Cowan-Harper • By Tanya Mulligan

Introduction

In the recent reportable case of Sasol Chemical Operations (Pty) Ltd v CCMA and others (29 August 2018) ZALCJHB 2680/16 the Labour Court evaluated the evidentiary burden placed on employees who contend that they have been subjected to unfair discrimination during their employment. The employee [more…]

Unfair discrimination – What is the burden of proof? 2018-10-23T13:44:43+02:00

Pensions of more than 80,000 security guards at risk

2018-10-23T13:29:56+02:00

More than 300 cases are currently being fought in court against employers

The Private Security Sector Provident Fund (PSSPF) is fighting 315 court battles against employers who are failing to comply with rules, putting the pensions of more than 80,000 security guards at risk.

The Fund has more than 242,600 registered members, of whom over [more…]

Pensions of more than 80,000 security guards at risk 2018-10-23T13:29:56+02:00

Labour Court rules in favour of Numsa in ongoing plastics industry strike

2018-10-23T13:26:44+02:00

JOHANNESBURG – The Labour Court in Johannesburg on Friday ruled in favour of the National Union of Metalworkers of South Africa (Numsa) and dismissed an urgent application by employers to interdict a strike in the plastics industry.

This comes after more than 10,000 Numsa members on Monday embarked on strike to demand a living wage and [more…]

Labour Court rules in favour of Numsa in ongoing plastics industry strike 2018-10-23T13:26:44+02:00

South African Human Rights Commission identifies issues with affirmative action and employment equity provisions

2018-10-23T13:24:32+02:00

The South African Human Rights Commission (the “Commission”) is mandated by section 184 of the Constitution to promote respect for human rights and a culture of human rights; to promote the protection, development and attainment of human rights; and to monitor and assess the observance of human rights in [more…]

South African Human Rights Commission identifies issues with affirmative action and employment equity provisions 2018-10-23T13:24:32+02:00

A new Tobacco Bill and a workplace smoking ban: employers should review their smoking policies

2018-10-23T13:11:49+02:00

Provided By Eversheds Sutherland By Sandra Milo

In line with global trends the South African legislature has drafted the Control of Tobacco Products and Electronic Delivery Systems Bill 2018 (“the Bill”), which is likely to be passed into law [more…]

A new Tobacco Bill and a workplace smoking ban: employers should review their smoking policies 2018-10-23T13:11:49+02:00

EE Amendment Bill proposes for sectoral targets

2018-10-17T11:46:36+02:00

The Department of Labour says the Employment Equity (EE) Amendment Bill and Regulations is proposing the establishment of sectoral targets to enable employers to transform workplaces.

Department of Labour Deputy Director of the Employment Equity (EE) Directorate, Masilo Lefika, said the EE amendments and Regulations have proposed for the establishment of 18 sectors as per the [more…]

EE Amendment Bill proposes for sectoral targets 2018-10-17T11:46:36+02:00

Private Security Bargaining Council

2018-08-29T15:14:07+02:00

The Registrar of Labour has approved the registration of a Bargaining Council for the Private Security Industry with effect from 01 July 2018. A wage agreement was reached with SATAWU in terms of which a 7% across the board increase was granted to SIRA members backdated to 01 April 2018.

As this has not as yet [more…]

Private Security Bargaining Council 2018-08-29T15:14:07+02:00

Compliance with the Protection of Personal Information Act: are you ready?

2018-08-16T20:33:33+02:00

The Protection of Personal Information Act, 2013 (or “POPI” as it has colloquially become known) promotes the protection of personal information by requiring that public and private bodies comply with certain standards when collecting, processing, storing and sharing personal information. While POPI has yet to come into effect, there have been some developments moving it [more…]

Compliance with the Protection of Personal Information Act: are you ready? 2018-08-16T20:33:33+02:00

Further proposed changes to the generic B-BBEE Codes

2018-08-14T06:36:52+02:00

Provided by: ENSafrica By: Leigh Lambrechts

The South African Broad-Based Black Economic Empowerment Act, 2003 (the “B-BBEE Act”) is the current framework regulating broad-based black economic empowerment (”B-BBEE”). The Revised B-BBEE Codes, published in October 2013, detail how B-BBEE scores are to be measured for purposes of the B-BBEE Act, taking into account:

Further proposed changes to the generic B-BBEE Codes 2018-08-14T06:36:52+02:00