The High Court has delivered a ground-breaking judgment declaring provisions of the Basic Conditions of Employment Act unconstitutional. The court declared sections of these acts unconstitutional for unfairly discriminating against mothers and fathers, surrogate and adopting parents when it comes to “maternity leave”.

It found that the provisions discriminate unfairly between mothers and fathers, and between [more…]

When it comes to sick leave and medical certificates, clarity and accuracy are paramount to maintaining a fair and just system.

A valid sick note is a crucial document that provides evidence of an individual’s medical condition and the need for sick leave.

Here are the essential components that constitute a valid medical certificate:

1. Identification and [more…]

Disciplinary hearings can be a daunting experience for employers and employees in South Africa. It is essential for employers and employees to understand their rights, obligations and the disciplinary procedures that apply in the workplace. In this article, we will explore disciplinary hearings in South Africa.

Disciplinary Hearings: An Overview

Disciplinary hearings are a formal [more…]

South African employees can be fired for the misconduct of their colleagues, however, the decision must be legally fair and just.

According to Jacques van Wyk and Michiel Heyns from Werksmans Attorneys, the retail sector often suffers from stock losses or shrinkage, with employers constantly struggling to identify perpetrators. The employer may then want to charge [more…]

The decision by the Minister of Home Affairs to terminate the Zimbabwean Exemption Permit programme has been declared unlawful, unconstitutional and invalid.

Three judges, sitting as a full bench in the Pretoria High Court, have directed the minister to reconsider the issue “following a fair process” that complies with the relevant laws.

Pending the outcome of [more…]

Labour Inspectors of the Department of Labour visit workplaces from time to time to check the level of compliance with labour legislation.

Should you have employees, even if it is only one person, you are required by law to adhere to the requirements of the relevant legislation. To complicate matters, in South Africa labour matters are [more…]

Are you aware how severe health and safety non-compliance penalties can be? Do you know how you are at risk of incurring these penalties, according to the Occupational Health and Safety Act (OHS Act)? Maybe? Maybe not? And here lies the problem. Sometimes, it isn’t willful disobedience of health and safety legislation (although sometimes it [more…]

In Massmart Holdings v Reddy and Others [2022] 4 BLLR 337 (LAC), the employee was employed as an audit manager by Massmart Holdings (the Company). As part of his duties, the employee, together with his line manager and subordinates, was responsible for preparing a risk assessment plan, which would be used to develop the [more…]

Economists have very recently predicted that South Africa has a 45% risk of entering into a recession. Such a recession would come at the worst time for the country’s economic recovery. The many businesses that are in survival mode and the employees who have been under the constant threat of job losses occasioned by the [more…]

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 in Government Gazette 48187 for comment.

The department plans to increase monthly pensions payable in terms of Section 49(4) and 54(1) (a), (b), (c) and (d) by 7.5% [more…]

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 is yes. However, it is crucial to look at what a COIDA Letter of Good Standing (LoGS) is, what you need to get one, and how you can go about [more…]

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, one Sheldon Naidoo (SN), who worked at Umgeni Water was appointed as part of the employer’s graduate programme. One of the requirements for admission was that the candidate must possess [more…]

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 usually given at the discretion of the employer. It is, however, important to check an employee’s employment contract to ascertain the exact agreement on bonuses. If there is no clause [more…]

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 do?

Section 22(5) of the Basic Conditions of Employment Act (BCEA) provides for sick leave and, more specifically, paid sick leave. However, what happens when your employer requests proof of incapacity [more…]

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 the Act is to provide compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees or for death resulting from injuries or diseases and provide [more…]

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 blog post, we will examine the importance of health and safety inspections in the workplace and how they can help to prevent accidents and injuries, so to ensure [more…]

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 Hofmyer (CDH), a recession would come at the worst time for South Africa’s economic recovery after the Covid-19 pandemic – with struggling businesses the most likely to be affected.

In [more…]