Increase in COIDA monthly pensions on the cards
An increase in monthly pensions in terms of the Compensation for Occupational Injuries and Diseases Act is on the cards. The employment and labour department published the proposed increase [more...]
COIDA: Importance of a Letter of Good Standing
As a business owner and subsequent employer, you may be wondering: do you need a Letter of Good Standing from the Compensation Fund (COIDA)? The short and simple answer [more...]
The case of the employee who misrepresented his qualifications
Umgeni Water v Naidoo and Another (11489/2017P) [2022] ZAKZPHC 72 (15 December 2022) “Oh, what a tangled web we weave when first we practice to deceive.”[1] An employee, [more...]
Frequent December break labour questions
As companies prepared for the December break, questions about bonuses, leave, working on public holidays, misconduct and other issues were asked. 1. Are bonuses compulsory? Bonuses are [more...]
My employer has refused to accept my sick note and is withholding my pay
An employer refuses to accept a sick note/medical certificate from an employee signed off by a clinic sister and withholds the employee’s pay. What can the employee [more...]
Motor vehicle accidents, IOD or not?
The Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993, largely governs work-related compensation claims and related matters in South Africa. The main objective of [more...]
Health and Safety Inspections in the Workplace – Let’s take a look
Health and safety are paramount in any workplace, and regular inspections are crucial to ensure that employees are working in a safe and secure environment. In this [more...]
What employers should know about retrenchments in South Africa
Large-scale retrenchments could occur throughout 2023, as economists predict a 45% chance of a recession in South Africa. According to Hugo Pienaar and Abigail Butcher at Cliffe Dekker [more...]
Managing conduct and capacity in the workplace – An overview
It is essential for employers to fully understand all aspects of disciplinary and incapacity procedures, and the legal requirements and the rights involved. The manner in which [more...]
Let’s talk about Poor Performance
INTRODUCTION South African labour laws recognise that an employer may require work performance of an acceptable standard, and that employees should be protected against unfair treatment. The [more...]
OPINION – Tattoo discrimination in the workplace – Why Cele’s comments should not get under your skin
Police Minister Bheki Cele caused an outcry when he said tattoos suggested gangsterism and would impact employment in the police force. So just how much can one's [more...]
What employers should know about the new employment equity laws
In a media release on 31 August 2022, the Department of Employment and Labour (Department) confirmed that the signing into law of the Employment Equity Amendment Bill, [more...]
Reasonable expectation of contract renewal
Relevant Case: Transnet t/a Transnet Freight Rail v National Union of Metalworkers of SA on behalf of Manku & others (2021) 42 ILJ 1948 (LAC) Facts of [more...]
Health And Safety Risk Assessments – Everything You Need To know
Section 8(1) of the South African Occupational Health and Safety Act 85 of 1993 clearly states that “every employer shall provide and maintain, as far as reasonably practicable, a [more...]
What the law says about firing employees in South Africa working beyond retirement age
The dismissal of employees who have reached and worked beyond the normal retirement age has been found to be fair, says Werksmans Attorneys. Employers do not waive [more...]
Employing foreign nationals in South Africa
In the recent Mukuru case of Mukuru Financial Services (Pty) Ltd and Another v Department of Employment and Labour, the Court had to consider the facts supporting the [more...]
Runaway Employee – Desertion in the Workplace
There is a fine line between extended absenteeism and desertion in the workplace. Desertion is often difficult for employers to prove, but they can still terminate a [more...]
Is polygraph testing in employment disputes reliable?
There has never nor is there presently any labour or employment legislation which regulates or controls the use of the test or to protect the Employee's right [more...]