Fathers entitled to 4 months parental leave and to claim UIF during parental leave
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 [more...]
Is your sick note valid? 10 things your medical certificate should have
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 [more...]
Disciplinary Hearings in South Africa: What You Need to Know
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 [more...]
You could be fired because of your co-worker in South Africa
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 [more...]
The consequences of social media conduct on employment relationships
With so many people using different platforms to connect and exchange information, social media has become an indispensable component of our personal and professional lives. However, as [more...]
Termination of Zimbabwean Exemption Permit declared unlawful, unconstitutional and invalid
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 [more...]
Inspections by the Department of Labour – Checklist provided
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 [more...]
I’m not following SHE legislation – so what?
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 [more...]
Dishonesty and gross negligence
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 [more...]
Facing employee retrenchments? Key legal considerations
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 [more...]
Increase in COIDA monthly pensions on the cards
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 [more...]
COIDA: Importance of a Letter of Good Standing
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 [more...]
The case of the employee who misrepresented his qualifications
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, [more...]
Frequent December break labour questions
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 [more...]
My employer has refused to accept my sick note and is withholding my pay
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 [more...]
Motor vehicle accidents, IOD or not?
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 [more...]
Health and Safety Inspections in the Workplace – Let’s take a look
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 [more...]
What employers should know about retrenchments in South Africa
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 [more...]