Public Holiday Remuneration
There seems to be a bit of confusion regarding payments for public holidays if the public holiday falls on a Sunday and the Monday is a public [more...]
Department of Employment and Labour engages private security sector on NMW and conditions of employment
The Department of Employment and Labour will next week host a Private Security Sector Seminar, a sector which it has identified as high risk when it comes [more...]
New case deals with a South African who quit before their disciplinary hearing – here’s what happened
A recent Labour Court case has brought about more uncertainty as to whether an employee can quit before being fired. According to Michael Yeates, director at Cliffe [more...]
Chinese employers urged to comply with the National Minimum Wage Act
With more than 20 000 Chinese foreign nationals living in South Africa, the department has identified Chinese employers as one of the key stakeholders. The Inspection and [more...]
The most common lies on South African CV’s – which could soon lead to jail time
The introduction of new laws will see qualification fraud be made into a punishable offence in South Africa. The National Qualifications Amendment Bill, which is currently waiting [more...]
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...]