Strike action: The proper procedure to follow
Section 213 of the Labour Relations Act, No 66 of 1995 (LRA) defines a strike as “the partial or complete concerted refusal to work, or the retardation or [more...]
Do you have to comply with the POPI Act?
The Protection of Personal Information Act (POPI Act or POPIA) is South Africa’s data protection law. The first question you need to ask is do you have [more...]
The Labour Relations Act – Dangerous Dozen
South Africa’s labour legislation was largely conceived by our country’s trade unions. As a result, the statutes heavily protect employees and, in particular, protects the jobs of [more...]
Court insists on adherence to disciplinary policies
The law makes it essential for employers to act with great care and expertise in gathering evidence and in designing and applying their disciplinary policies. The Labour Courts are [more...]
Here are the rules around paying workers during load shedding in South Africa
The modern workplace has gone through significant changes with businesses being required to adapt to new ways of working. Many employers have revisited their operating models and [more...]
Probation Info
General Item 8 of the Code of Good Practice: Dismissal, deals with probation. An employer may require a newly hired employee to serve a period of probation [more...]
These WhatsApp messages can land you in trouble at work in South Africa
With more South Africans working from home or shifting to a hybrid working model, both employers and employees are increasingly using messaging services such as WhatsApp to [more...]
Department of Labour sets target for workplace inspections
The minister of Employment and labour has announced that the Department of Employment and labour aims to visit 839 000 workplaces for the purpose of conducting inspections [more...]
Employment contract automatically terminated? Not so fast…
In Mashabela v Octaves Security Services [2022] 31 CCMA 7.1.9, also reported as [2022] 4 BALR 393 (CCMA), Mr Motshele Lawrence Mashabela (applicant), who was employed as a security [more...]
Is Commission Included in the Calculation of the National Minimum Wage?
A recent arbitration matter under Section 73A of the Basic Conditions of Employment Act 75 of 1997 (the BCEA). The dispute related to an alleged underpayment in [more...]
Moonlighting and the duty of good faith owed by the employee
Moonlighting has become more common for those looking to earn additional income, but do employees need to disclose their side businesses to their employers, especially when a [more...]
Effective management of incapacity cases due to poor work performance
Poor work performance, or incapacity, is dealt with in Schedule 8 of the Labour Relations Act no. 66 of 1995, and refers to the inability of an [more...]
Avoid ending up in court when an employee resigns
The only way to revive the contract of employment would be through a fresh offer and acceptance – which amounts to rehiring or re-employment. Resignation takes effect [more...]
May an employer monitor an employee’s emails?
It would be best to have an email monitoring policy regarding employees’ private and business use of emails contained in employment contracts. However, how extensive, and intrusive [more...]
Losing at arbitration can be costly
South African labour law very strongly protects employees who have been fired unfairly. These protections are implemented at several forums including: The Commission for Conciliation, Mediation and [more...]
National Minimum Wage: New Earnings Threshold
Employment and Labour Minister, Thulas Nxesi (Minister), has announced that the National Minimum Wage Act (NMWA) has introduced a new National Minimum Wage (NMW). South African workers [more...]
Proposed law to replace BEE in South Africa – what you should know
The opposition Democratic Alliance has announced its intention to table the Preferential Procurement Policy Framework Amendment Act for public comment. The bill proposes scrapping the current Broad-Based [more...]
Discrimination based on a criminal record
Must an employee disclose information about his/her criminal record? May an employer exclude an employee from employment on the basis of his/her criminal record? The Employment Equity [more...]