Tydens sy verskyning voor die Zondo-kommissie het pres. Cyril Ramaphosa gesê dat die opsystaan-besluit die “veiligste roete” is wat die ANC in die verband kon neem. “Lede wat wel opsy staan, sal daardeur die kans kry om hul naam skoon te kry. As dit gedoen is, sal die ANC-tugproses teen hulle volg”.

Adjunkhoofregter Zondo wou van [more…]

Nxesi said that South African employers deliberately prefer foreign workers as a source of cheap labour, as they are willing to take ‘anything’ for wages.

Comment:

His quotas will cause a regional catastrophe.

Has minister Nxesi considered the humanitarian impact of immigration quotas on families relying for their livelihood from working in South Africa?

Working here contains the [more…]

Thus, if the employer is opposed to reinstating an employee whose dismissal is found to be substantively unfair, then it must demonstrate that one of the exceptions to reinstatement applies. This would require the employer to present evidence concerning the question of the appropriateness of reinstatement in anticipation of a decision by the Labour Court [more…]

When an employee is injured while performing their duties at work, the employee is able to access necessary specialised private medical care, given that the employer contributes to the Compensation Fund. Medical service providers then claim the fee from the Fund.

However, because of the Fund’s dysfunction and rigorous administrative processes, medical professionals often choose to [more…]

The CCMA recently reinstated an employee who took leave without permission during the Covid-19 lockdown, in a ruling which delivers an important lesson for other employers.  (To avoid creating a precedent is not the only rationale. What is required is that you apply your mind, consider the merits and motivate why you overrule a previous [more…]

It’s month-end. Your employee gets a notification on their phone that their salary has cleared into their bank account. Jackpot! They’ve received more than what is due to them. Mistakes and human miscalculations can occur easily, leaving employers in a difficult position. How should you address a genuine mistake that has been made resulting in [more…]

FEDHASA together with the Restaurant Collective, representing an alliance of hospitality stakeholders, including all the major brands and quick service restaurants in South Africa, was today granted an urgent interdict to halt the implementation of the recently gazetted Collective Agreement for the Bargaining Council for Fast Food, Restaurant, Catering and Allied Trades extension.

The issuing of [more…]

It is not often that we hear of an employee reporting misconduct in the workplace to his employer. This is because the employee is not certain whether to report it or not, often for fear of reprisal by his employer. In order to address this problem and to ensure that the employee is protected from [more…]

BL Premium reports that public sector unions are in line for another wage battle with government as they will be asking for an increase well above inflation in this year’s wage negotiations.

According to the demands that will be tabled at the Public Service Co-ordinating Bargaining Council on Monday afternoon, the unions will ask for an across [more…]

While the pandemic has brought its fair share of challenges to each one of us, the food services industry has felt its effects more gravely than most.

Lockdowns have closed premises, social distancing limits covers, revenue has been lost through restrictions on alcohol sales and the stricter hygiene and sanitisation regulations, though important, slows down service [more…]

The Unemployment Insurance Fund (UIF) will continue to provide financial relief through the already existing Short Term/Reduced Work Time Benefit.

The employment and labour department confirmed this in a statement on helping workers in vulnerable sectors via the UIF’s normal benefits.

The last payment period for the Covid-19 TERS Relief Scheme from 16 September until 15 October closed on [more…]

Employers are often faced with situations where a decision must be taken whether an employee that was allegedly involved in misconduct should be suspended or not. Item 4 of schedule 8 of the Labour Relations Act requires that an employer must conduct an investigation prior to taking disciplinary action against an employee and in order [more…]

In 2020, the government introduced a C-19 TERS benefit (Covid-19 Temporary Employer/Employee Relief Scheme). This benefit, which was introduced to bring relief during the Covid-19 lockdown, enabled some employers to pay employees their salaries.

According to the government, the purpose of the fund is to limit the economic impact of the pandemic and the associated decline [more…]

Introduction

Most people, from my own personal interactions with them, are not aware of the earnings thresholds nor do they know what an earning threshold is and how it impacts them as Employees. Briefly but concisely, an earnings threshold in South Africa refers to the gross annual earnings of any private person that form part of [more…]

Rules regulating conduct in the workplace flow from a number of sources. Some emanate from the common law, for example, that an employee may not steal from an employer. Some rules are the result of an express agreement between the parties while other rules may arise impliedly from the conduct of the parties.

There have been [more…]

Sexual harassment, a violation of human rights and a form of sex discrimination, is costly to employees in the workplace. Although many countries have legislation governing sexual harassment in the workplace, it remains pervasive and underreported. This is because today, sexual harassment often takes on more subtle forms. Instead of being propositioned for sexual activities [more…]

Labour minister Thulas Nxesi has published the new minimum wage for South Africa.

In a gazette published on Monday evening (8 February), the minister said that the national minimum wage is now R21.69 for each ordinary hour. This change will take effect from 1 March 2021.

The gazette also provides exceptions for a number of worker groups

• Farmworkers are [more…]
  

Very few workplace issues elicit as firmly held views or fears as the topic of constructive dismissal. Whether it is a manager, fearful of doing something wrong and at risk of an employee lodging the dreadful claim of constructive dismissal, or Harvey Spectre wannabes cascading their views on the legal impact of such a claim: [more…]