Throughout the world, the Internet, information, and communication technologies (ICT) such as smartphones and computers undeniably play a significant role in the modern world of work. Within the South African context, employers and employees can conclude valid and enforceable employment contracts via e-mail, SMS or other electronic communication methods (see Jafta v Ezemvelo [more…]
On 1 July 2021, the deadline for all businesses to be fully POPIA compliant expired.
Companies now need to ensure that all their information processing activities comply with POPIA and that their Information Officers take up their responsibilities in accordance with the Act. Any organisation found lacking or failing to adhere to all provisions of the [more…]
The health department has opened coronavirus vaccination at approved workplace sites to all employees over the age of 18, scrapping restrictions that have until now limited the jabs to the age [more…]
Comment- The ‘No work, no pay’ rule applies, but seek constructive and fair alternatives, such as working in lost hours – Cofesa Team.
Cosatu had engaged with the Cape Chamber of Commerce who gave it the “commitment that their members will be sensitive… [and] fully understand what is happening in this province”.
Any employer who dismisses or [more…]
Workers affected by the COVID-19 lockdown regulations since March 2021 will once again be able to claim from the COVID-19 Temporary Employee/Employer Relief Scheme (TERS).
This comes after Employment and Labour Minister Thulas Nxesi on Friday signed the direction which makes it possible for the Unemployment Insurance Fund (UIF) to implement the third extension of the [more…]
With the advent of Covid-19 more than a year ago, the financial strain on companies has forced many to restructure their businesses, impacting most significantly on their employees, with large-scale retrenchments becoming necessary, and which in essence is contributing to South Africa’s weakening economy.
It is, however, important for employers to note that even during these [more…]
With looting and violence impacting parts of South Africa over the last week, and with the reams of video footage depicting the brazenness of the looters, the question on many employers’ minds is whether, if spotted looting while off duty, they can dismiss their employees?
The kneejerk reaction of many employers would be that these employees [more…]
Johannesburg – A judge has read the EFF the riot act over involving itself in labour disputes, telling it to register as a trade union if it insists on organising strikes against employers.
Johannesburg Labour Court Acting Judge Reghana Tulk presided in a final interdict application by the owners of a Spar franchise brought against the [more…]
Substantive fairness Cashier :Dismissal of cashier for lighting a dagga “zol” during tea break – Possession of drugs at work – Dismissal fair.
The applicant, a cashier at one of the respondent’s stores, was apprehended by security guards outside the store with a lit “zol” of cannabis. He claimed that he was on tea-break at [more…]
A large part of South Africa’s workforce has seen the effect of the recently updated national minimum wage. The update came as per the national legislation requiring the Minister of Labour to review the national minimum wage within two years of its enactment. As such, the recent update raised the question whether employers can in [more…]
Dear employer
In terms of the Employment Equity Act (EEA), a ‘designated employer’ must comply with all the duties contained in the Act.
An employer is a ‘designated employer’ if he/she employs 50 employees or more; or employs less than 50 employees but has an annual turnover above the relevant industry thresholds in terms of Schedule 4 [more…]
On Sunday, 11 July 2021, the President extended the Covid-19 adjusted Alert Level 4 for another 14 days.
The President has indicated that the following amended regulations remain applicable:-
A YEAR ago, President Cyril Ramaphosa declared that by July this year, South African businesses would be required to put necessary measures in place to become compliant with the new Protection of Personal Information (Popi) Act.
The act is to ensure better data and security management as well as accountability on how businesses use public data, [more…]
The POPI deadline has not been extended. Please note that the extension is only applicable to one section of the act, S57, which talks to authorization for the processing of information subject to prior consent.
[more…]
This issue was dealt with in the case of National Union of Metalworkers of South Africa o.b.o Members and Others v ArcelorMittal South Africa Limited and Others, delivered on 2 September 2020.
In this matter, the Labour Court had to determine whether the dismissal of two employees were procedurally and substantively unfair in the circumstances where the [more…]
As a nation, we have embarked on the single most important intervention to defeat this once-in-a-century health crisis, which is vaccinating our adult population against Covid-19.
The pandemic is a national challenge, not simply a challenge for Government, but also for business, other social partners and individuals, so it is in all of our interest to [more…]
The Minister of Finance has issued an official notice to increase the monthly maximum remuneration for Unemployment Insurance Fund (UIF) contributions
The previous threshold was R14 872.00 per month.
On 11 June 2021 the Minister of Employment and Labour published an Amended Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces (“Direction“). The Direction is effective from 11 June 2021.
The Direction provides guidelines relating to, among others, social distancing, symptom screening, wearing of cloth masks and the importance of ventilation in the [more…]
