In Passenger Rail Agency of South Africa v Hoyo [2025] 2 BLLR 160 (LAC) the Labour Appeal Court (LAC) overturned the Labour Court’s (LC) finding that there had been unfair discrimination based on race. In this case, the employee alleged unfair discrimination because of unequal pay on the ground of race in that his [more…]
In today’s hyper-connected world, the lines between personal expression and professional responsibility have never been more blurred. Social media has revolutionised communication, enabling instantaneous sharing of thoughts and opinions, but it has also introduced new challenges for both employers and employees.
When an individual’s online conduct appears to be in contravention of disciplinary policies and the [more…]
Workplace harassment remains a critical issue in South African workplaces, with its implications resonating through the social and economic fabric of the country. This article examines the evolution of workplace harassment laws in South Africa, the implementation of training programmes, and the obligations that employers have to create and maintain a safe working environment.
A director of a quantity surveying firm was retrenched and not paid his due severance package. He referred a claim of unfair dismissal to the CCMA where the parties concluded an agreement that was clearly worded to end all disputes and claims, of whatever nature, between the parties. The respondent applied to the Labour Court [more…]
Labour legislation requires an employer to reasonably accommodate the needs of an employee with physical or mental impairments in the event that such impairment substantially limits the employee’s ability to perform the essential functions of the job. The type of reasonable accommodation required would depend on the job and its essential functions; the work environment [more…]
In the recent case of Steyn v Business Connexion Group Ltd, the Labour Court confirmed that when there is a transfer of a business as a going concern in terms of section 197 of the Labour Relations Act, 1995 (LRA), the retirement age that has been agreed with the old employer, as stipulated in the employment [more…]
The use of fixed-term employment contracts in South Africa has evolved significantly following legislative changes brought about by the Labour Relations Amendment Act of 2014 (LRAA), which took effect on 01 January 2015. These amendments were designed to provide greater protection to employees, ensure compliance with fair labour practices, and prevent the misuse of [more…]
South African employers who are considering changing work hours to avoid the National Minimum Wage hike could find themselves in hot water, as the Department of Labour has vowed to clamp down on non-compliance in 2025.
The department is determined to increase its number of labour inspectors from 2,000 to 20,000, following a rise in labour [more…]
The minimum wage of R27,58 per hour will increase to R28,79 per hour (an increase of approximately 4,4%). The new minimum wage sets a new baseline across [more…]
In the realm of workplace discipline, the term “consistency” frequently arises, along with its counterpart, “inconsistency.” These concepts are pivotal to the fair and equitable administration of disciplinary action. To comprehend the requirement of consistency, one must move beyond simplistic definitions and delve into the practical implications of treating “like with like” and ensuring fairness [more…]
South Africa’s employment landscape is poised for transformation with the publication of the Draft Code of Good Practice on Dismissal. Designed to provide clearer guidelines and greater flexibility, this groundbreaking reform introduces a principle-based approach to dismissals that balances fair labour practices with business realities.
According to Jonathan Goldberg, Chairman of Global Business Solutions, this reform consolidates [more…]
The Employment Equity Act Amendments are scheduled to take effect on January 1, 2025.
IMPORTANT: Please note that the amendments do not affect the current 2024 reporting requirements, that are still based on the existing section 21 of the EE Act.
The amendments will introduce various changes including two more important changes being:
The Minister [more…]
Over the past decade, workplace bullying has extended its reach beyond the office walls into the realm of online platforms and social media. This shift has prompted a renewed focus on addressing both conventional and digital forms of harassment in the workplace, a leadership expert says.
“Workplace bullying, defined as repeated patterns of harmful behaviour towards [more…]
It must be understood that Labour Law is silent on the question of bonuses. This means that the payment or non-payment of bonuses is a matter entirely for the employer to decide, and to negotiate with employees. If an employer who presently does not pay bonuses of any sort wishes to continue on that route [more…]
Introduction
Section 188 of the LRA provides that, to be fair, a dismissal that is not automatically unfair must be for a fair reason and in accordance with a fair procedure.
The employer should conduct an investigation to determine whether there are grounds for dismissal. This does not need a formal inquiry. The employer should notify [more…]
When employees are dismissed or abscond following suspected theft or misappropriation of funds, ex-employers often attempt to recover the lost funds from the ex-employee’s pension benefits. In such cases, time is of the essence, as ex-employees may try to withdraw their pension benefits quickly. To have a chance of recovering the lost monies, an ex-employer [more…]
A recent Labour Court case found that some employers could be exempt from paying severance to retrenched employees if they can demonstrate that they helped secure alternative employment with a new employer.
However, this is only under very specific circumstances—specifically, where the employer swiftly takes action and actively secures the new job.
Legal experts at Cliffe Dekker [more…]
The Department of Employment and Labour (DEL) has ramped up its inspection raids, which remind employers to audit foreigners’ employment status to avoid being caught in violation of immigration, employment, and criminal laws.
This was outlined by legal experts at Cliffe Dekker Hofmeyr (CDH) Imraan Mahomed, Taryn York and Mapaseka Nketu.
Recently, Minister Nomakhosazana Meth reported nearly 2,900 inspections [more…]
