Specific forms of misconduct in the workplace and the necessity for a disciplinary code
Section 118 of the Labour Relations Act 66 of 1995 (LRA) stipulates that a dismissal must be for a fair reason and effected in accordance with fair [more...]
South Africa’s unemployment rate increased to 27.6%
South Africa's unemployment rate increased to 27.6% in the first quarter of 2019, Stats SA announced on 14 May 2019. The jobless rate at the end [more...]
Transport is not an essential service, committee finds
The Essential Services Committee (ESC) has denied an application by the National Black Consumer Council to declare public transport an essential service. The ESC, established under the [more...]
The race card: Not the joker in the pack
In the matter of Legal Aid South Africa v Mayisela and Others LAC (CA9/17) [2019] ZALAC [Delivered 5 February 2019), the Labour Appeal Court (LAC), in considering [more...]
Labour department launches system for employees to report bosses that pay less than minimum wage
In March the Commission for Conciliation, Mediation and Arbitration (CCMA) has requested that the Department of Labour (DOL) investigate the growing practice of deliberate circumvention of labour [more...]
Immigration lawyer’s arrest puts a spotlight on illegal work permits in SA
TimesLive recently reported that prominent Cape Town immigration lawyer, Craig Smith, had been arrested for allegedly duping the Department of Home Affairs into granting visas to his [more...]
Judgment on employee suspension doesn’t mean employers are in the clear
Despite a recent Constitutional Court judgment easing the burden on employers when dealing with precautionary suspension, a legal expert warns that employers can still be found guilty [more...]
Amend constitutions on balloting or be deregistered, unions warned
The constitution of every trade union has to include a provision on balloting all its members if intending to strike. Labour Registrar advocate Lehlohonolo Molefe says over [more...]
Disciplinary enquiries: Procedure, rights and obligations of employer and employees
Provided By Abrahams & Gross By Wesley Scheepers Disciplinary action occurs when a rule or standard of conduct in the working environment has been breached and cannot [more...]
SARS Interpretation Note 17: When will an employer be liable for employees’ tax in respect of an independent contractor?
Provided By Cliffe Dekker Hofmeyr By Jerome Brink and Aadil Patel The South African Revenue Service (SARS) has published an updated Interpretation Note 17 (Interpretation Note) on [more...]
Poverty wages – Exceptions and uncertainties concerning the NMWA
Resource: GoLegal Provided By VDMA Attorneys With the arrival of 2019, we saw the National Minimum Wage Act No. 9 of 2018 (“NMWA”) come into effect, which [more...]
Lack of transport is no justification for late-coming and absenteeism
Resource: Tony Healy & Associates So, your car breaks down and you have no replacement; is your employer obligated to accommodate your absenteeism and late-coming that follows? [more...]
How new code can bring order to strikes
www.bizcommunity.com By: Johan Olivier & Lizle Louw A new code of good practice governing various aspects of strike action came into effect on 1 January 2019. It [more...]
Why employees need to mind their Ps and Qs on social media
Social media represents one of the most significant developments in human communication and has undoubtedly changed the way we interact and share information. Social media has become [more...]
No work, No pay, No penalty for COSATU’S intended protest action on 13 February 2019
It is advisable to inform your workers that any absences related to the protest action will be treated on the following basis in term of the Labour [more...]
Dismissing for insubordination – The Labour Appeal Court gives clarity
Provided By Cowan-Harper-Madikizela By Neil Coetzer & Thato Matloko In TMT Services and Supplies (Pty) Ltd v CCMA and 2 Others [JA32/2017] the Labour Appeal Court recently [more...]
Staying at home during a strike? Remember to tell your employer.
Provided By Cowan-Harper-Madikizela By Neil Coetzer It is well-known that strikes in South Africa are routinely marred by violence and intimidation. It often happens that due to [more...]
Cosatu prepares for #NationalStrike
Johannesburg - Cosatu is gearing up for a national strike in two weeks’ time to protest against the retrenchments, unemployment, corruption and racism plaguing the country. The [more...]