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 terms of the National Minimum Wage Act 9 of 2018 (the NMWA). In terms of the NMWA, an employer may not pay any employee less than the prescribed [more…]
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 conflict of interest is possible?
This was recently dealt with in the case of Bakenrug meat (PTY) Ltd t/a Joostenberg Meat v CCMA. The employer’s business in [more…]
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 employee to perform in terms of the employer’s expectations pertaining to quantity, quality or both. Such inability to perform is normally as a result of circumstances beyond the [more…]
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Resignation takes effect the moment it is communicated to the employer and cannot be withdrawn unless the employer consents to it even where an employee is contractually obliged to serve a notice [more…]
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 should the policy be?
Several South African companies have established an email monitoring policy in their employment contracts. This policy often covers both private [more…]
South African labour law very strongly protects employees who have been fired unfairly. These protections are implemented at several forums including:
Many employers, via bitter experience, [more…]
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 will see the implementation of the increased annual earnings threshold determined by the Minister, in the amount of R224,080.48. This represents an increase of R12,484.18 from the previous amount [more…]
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 Black Economic Empowerment (BBBEE) Act and making several key amendments to the Preferential Procurement Policy Framework Act (PPPFA).
“The proposed Preferential Procurement Policy Framework Amendment Bill will seek to give priority [more…]
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 Act prohibits unfair discrimination against an employee on any one or more of the listed grounds (race, gender, sexual orientation, etc.) or on any other arbitrary ground. Two questions [more…]
The Labour Appeal Court (LAC) decision in the matter of Samancor Ltd v CCMA and others (2020) 9 BLLR 908 (LAC), highlights the importance of safety in the workplace and clarifies the legal position in respect of inconsistency in sanction in disciplinary proceedings.
The issue of inconsistency in sanction is one that has had serious ramifications for [more…]
Firstly, there is no definition for ‘casual’ workers in our current legislation. The old Basic Conditions of Employment Act of 1983 used to refer to casual labourers, but the more recent act from 1997 does not mention them. We are using the term ‘casual’ here to describe anyone who is employed part-time or temporarily.
In South [more…]
A fixed term contract is quite simply as the name implies, a contract which is concluded from one specific date and shall terminate on another specific date. Alternatively, it could be a contract that is concluded for a specific project, in which case it will terminate when the project comes to an end.
Many employers elect [more…]
Issue
Whether dismissal for dishonesty for infringing the employer’s Covid-19 protocols, was procedurally and substantively fair.
Summary
The dismissal of an employee who had colluded to corroborate a false statement of facts in relation to the breach of Covid-19 protocols by a fellow employee, was considered to be substantively and procedurally fair.
Facts
This was the issue considered by the [more…]
A default award is one that is made by a CCMA arbitrator despite the fact that one of the parties to the dispute failed to attend the arbitration hearing. Arbitrators have the power to make default awards under certain conditions, and overturning such awards is very difficult.
The Labour Relations Act (LRA) provides two ways of going [more…]
Sectional Title living has become increasingly popular over the past decade for a wide range of reasons, including increased security and a more communal way of life, thus placing health and safety for a sectional title in the spotlight. Because sectional titles are less expensive, young people have an easier time purchasing their first home. [more…]
Key information
Schedule 8 of the Labour Relations Act requires that all employers should adopt disciplinary rules that establish the standard of conduct required of their employees. Additionally, it is further prescribed that employers should progressively attempt to correct the behaviour of its employees by issuing warnings before resorting to measures such as a dismissal. This [more…]
Thulas Nxesi, Minister of Employment and Labour, issued a code of practice on the management of SARS-CoV-2 exposure in the workplace today, 15 March 2022, under government notice number 46043.
The notice was issued following consideration by NEDLAC in accordance with section 203 (2A) of the Labour Relations Act, 1995 (Act No. 66 of 1995), to [more…]
