Labour Court grants FEDHASA urgent interdict opposing extension of Bargaining Council Collective Agreement to non-parties

2021-03-03T10:21:16+02:00

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…]

Labour Court grants FEDHASA urgent interdict opposing extension of Bargaining Council Collective Agreement to non-parties2021-03-03T10:21:16+02:00

The Protection of Whistle Blowers

2021-03-02T12:19:56+02:00

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…]

The Protection of Whistle Blowers2021-03-02T12:19:56+02:00

Unions will ask for CPI plus 4% in 2021 public sector wage talks

2021-03-02T12:10:29+02:00

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…]

Unions will ask for CPI plus 4% in 2021 public sector wage talks2021-03-02T12:10:29+02:00

New restaurant pay rules

2021-03-02T12:07:41+02:00

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…]

New restaurant pay rules2021-03-02T12:07:41+02:00

DEL highlights UIF reduced work time benefit

2021-03-02T12:05:38+02:00

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…]

DEL highlights UIF reduced work time benefit2021-03-02T12:05:38+02:00

How and when to suspend employees

2021-02-22T12:37:22+02:00

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…]

How and when to suspend employees2021-02-22T12:37:22+02:00

TERS payments extended, only certain industries may claim

2021-02-22T12:28:03+02:00

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…]

TERS payments extended, only certain industries may claim2021-02-22T12:28:03+02:00

A new employee earnings threshold has been issued. What does this mean for employees?

2021-02-22T12:13:02+02:00

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…]

A new employee earnings threshold has been issued. What does this mean for employees?2021-02-22T12:13:02+02:00

Rules in the Workplace and the Consistent Application thereof

2021-02-22T11:48:05+02:00

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…]

Rules in the Workplace and the Consistent Application thereof2021-02-22T11:48:05+02:00

Unpacking sexual harassment in the workplace

2021-02-15T11:13:13+02:00

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…]

Unpacking sexual harassment in the workplace2021-02-15T11:13:13+02:00

This is the new minimum wage for South Africa

2021-02-10T11:33:18+02:00

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

This is the new minimum wage for South Africa2021-02-10T11:33:18+02:00

Let’s get constructive about constructive dismissal – you can still be fired

2021-02-08T10:23:40+02:00

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…]

Let’s get constructive about constructive dismissal – you can still be fired2021-02-08T10:23:40+02:00

Lockout vs suspended strike: Can replacement labour be used?

2021-02-08T10:14:51+02:00

Whether replacement labour may be used where an employer has instituted a lockout in response to a strike which has subsequently been suspended by the trade union and employees concerned.

Summary

The employees’ suspension of a strike does not prevent an employer from using replacement labour when a lawful lockout has been implemented because the use of [more…]

Lockout vs suspended strike: Can replacement labour be used?2021-02-08T10:14:51+02:00

This South African employee was fired for not coming in to work during lockdown – here’s what happened

2021-02-08T10:10:28+02:00

A laboratory analyst fired for putting her family’s safety first and refusing to work during the Covid-19 level five lockdown has been reinstated.

The Commission for Conciliation, Mediation and Arbitration (CCMA) noted that she had been afraid of infecting her elderly mother and her asthmatic son.

The company, Parmalat, designated as an essential service, was more concerned [more…]

This South African employee was fired for not coming in to work during lockdown – here’s what happened2021-02-08T10:10:28+02:00

BEE must be used in South Africa’s Covid-19 vaccine rollout: business group

2021-02-08T10:08:10+02:00

While the Covid-19 pandemic is an unfortunate and unprecedented global disaster, it has also brought business opportunities as we have already witnessed with the procurement of Personal Protective Equipment (PPE), says Kganki Matabane, chief executive of the Black Business Council.

In a post published on the ANC’s Progressive Business Forum website, Matabane said that [more…]

BEE must be used in South Africa’s Covid-19 vaccine rollout: business group2021-02-08T10:08:10+02:00

Hours of Work and Overtime

2021-02-08T10:02:24+02:00

Working time including overtime is regulated by the Basic Conditions of Employment Act in Chapter two. Chapter two of the Act is however not applicable to the following employees:

  1. senior managerial employees;
  2. employees engaged as sales staff who travel to the premises of customers and who regulate their own hours of work;
  3. employees who [more…]
Hours of Work and Overtime2021-02-08T10:02:24+02:00

COVID-19: An accelerant for inclusion in the workplace

2021-02-08T09:50:38+02:00

As we embrace a new way of working, considering the perspectives and circumstances of your entire workforce – including people who might otherwise have been excluded or marginalised – has fast become one of the most crucial aspects of a company’s survival in these trying times.

Diversity and inclusion should naturally form part of a business’s [more…]

COVID-19: An accelerant for inclusion in the workplace2021-02-08T09:50:38+02:00

BEST APPROACH TO BE ADOPTED BY EMPLOYERS ON “COMPULSORY” VACCINATIONS FOR COVID-19

2021-02-04T13:45:45+02:00

Introduction

  1. Clients have raised queries on whether they can order or require their employees to be vaccinated for Covid-19.
  2. Various articles have been published and statements made on the issue of compulsory vaccinations for Covid-19.  In our view too much emphasis has been placed on compulsory vaccinations for Covid-19 at the workplace.  It is not [more…]
BEST APPROACH TO BE ADOPTED BY EMPLOYERS ON “COMPULSORY” VACCINATIONS FOR COVID-192021-02-04T13:45:45+02:00
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