South Africa’s labour courts recently dealt with the issue of sick leave and when an employee is deemed ‘too sick’ to come into work.
In Woolworths (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others, the Labour Appeal Court considered the consequences that flow from an employee being too sick to attend work, but well [more…]
The Department of Employment and Labour (DEL) has identified a gap in the general understanding and knowledge of services and programmes provided by the Department, more especially since the matter on employment of foreign nationals in South Africa featured extensively in the media recently and the Department under the leadership of Minister Thulas Nxesi felt [more…]
Employment and Labour minister Thulas Nxesi is expected to publish an updated minimum wage for domestic workers in South Africa in the coming months.
This follows the recently published proposals published by the National Minimum Wage (NMW) Commission which recommend that domestic worker salaries be increased to 100% of the National Minimum Wage.
Under the Act, the [more…]
Where an employee takes excessive sick leave, the question may be raised as to whether the employee is genuinely ill or whether the employee is in fact abusing sick leave. This will depend on the facts and circumstances surrounding the employee’s absence.
In terms of our Employment Equity Act 55 of 1998 (EEA), bullying of an employee is a form of unfair discrimination as envisaged in Section 6, and it is prohibited. Bullying also results in losses for an employer both in terms of productivity and efficiency. In addition, it has a detrimental effect on [more…]
Does failure to comply with an instruction to testify in CCMA arbitration proceedings
amount to insubordination and warrant dismissal?
This is the question which the Labour Appeal Court (LAC) was required to decide in Kaefer Energy
Projects (Pty) Ltd v CCMA and Others (LAC) (Case no: JA59/20), a judgment handed down on 26
October 2021.
In this case, the employee [more…]
Working from home has become an established practice.
Working from home is a working arrangement in which a worker fulfils the essential responsibilities of his/her job while remaining at home, using information and communications technology (ICT). It requires a shared responsibility and commitment by both employers and workers to ensure business continuity and employment.
Cofesa’s Code for [more…]
The company is also seeking an order to declare them as delinquent directors. (A 10-year sentence)
In separate proceedings, [more…]
Biznews published Cofesa’s plea for a business-friendly labour dispensation to unleash the unlimited human capital resources of our entrepreneurs and turn around our economy.
Our unlimited human capital potential is evident by the success of Mr Elon Musk who left Pretoria at the age of 17 and sought the greater economic opportunities available in the United States. [more…]
As we draw to the end of the year, the common practice of bonus season arrives. With a struggling financial year for most, employees may not receive any bonuses this year. Even though it sounds unreasonable to expect a bonus in these uncertain times, a few employers may be contractually bound to pay bonuses to [more…]
Minister of Labour Membathisi Mdladlana is making increasingly louder noises relating to thousands of employers who fail to comply with employment equity (EE) legislation. Those employers who are still avoiding or evading compliance with this legislation say the reasons they are opting out include: “The EE Act and related regulations and codes [more…]
The Labour Relations Act (LRA) in conjunction with the Arbitration Act gives the CCMA, bargaining councils, Labour Court, Labour Appeal Court and private arbitrators the power to take very strong action against employers who commit unfair labour practices or unfair dismissals.
The types of penalties/corrective actions that have typically been imposed include reinstatement, re-employment, interdicts, promotion of the employee, reversal of [more…]
Reporting an incident is an important part of an effective occupational health and safety program. It helps identify work related health and safety hazards, risks and dangers. The purpose is to identify the causes of incidents.
Appropriate controls can then be put in place to prevent further occurrences of such events. In other words an incident [more…]
Case: Nyathikazi v Public Health & Social Development Sectoral Bargaining Council & Others (2021) 42 ILJ 1686 (LAC)
In this matter, the appellant employee, prior to her dismissal, held the position of Senior General Manager: Academic and Tertiary Department with the third respondent; the Department of Health, Limpopo.
In January 2015, she was dismissed after a disciplinary [more…]
The Department of Employment and Labour has urged employers to be diligent and punctual in their report submission of employment equity (EE) plans.
The department’s Senior Practitioner for EE, Robert Dzhombere said the department has updated its online reporting platform to ensure that stakeholders report successfully and avoid recurring mistakes.
Dzhombere was addressing the Employment Equity Directorate [more…]
Where an employee takes excessive sick leave, the question may be raised as to whether the employee is genuinely ill or whether the employee is in fact abusing sick leave. This will depend on the facts and circumstances surrounding the employee’s absence.
Factors that may be relevant include:
The purpose of this safety alert is to highlight the dangers associated with unprotected heights and suggest possible control measures to assist industry to manage the risk.
Background
A worker received fatal injuries when he fell approximately 2.5 metres from an internal walkway to the concrete floor below. It is believed he had been cleaning the ceiling [more…]
