When striking workers get violent – what employers need to know
A protected strike doesn’t lose its legal protection if it is tainted by violence and intimidation – and employers can’t use this violence as a basis to [more...]
How to determine whether the abuse of alcohol or drugs by an employee is misconduct or incapacity
The question often arises as to when alcohol abuse by an employee is misconduct and when it is incapacity. The Labour Court has held that there are [more...]
Faking sick leave in South Africa – what employees should know
South African employers can fire their staff members for faking sick leave. In Hans v Montego Pet Nutrition [2024], where the Commission for Conciliation, Mediation and Arbitration (the CCMA) [more...]
Constructive Dismissal – Let’s explain
What is constructive dismissal? Constructive dismissal is where an employee terminates the contract of employment with or without notice because the employer made continued employment intolerable for [more...]
New BEE laws coming to South Africa – what you need to know
The Department of Employment and Labour’s Draft Regulations for the Employment Equity Amendment Act are open for public comment, and employers must understand the changes. In April [more...]
Major shift in how labour inspectors do things in South Africa
The Department of Employment and Labour has officially unveiled an Occupational Health and Hygiene laboratory as part of exploring new ways of conducting inspections and equipping the [more...]
Con/Arb process at CCMA explained
What is a con-arb process? The con-arb process is governed by the provisions of section 191(5A) of the Labour Relations Act 66 of 1995 (LRA). Con-arb simply [more...]
What is the difference between permanent, fixed term and part time contracts of employment?
Permanent, fixed term and part time employment contracts are governed by both the Labour Relations Act as well as the Basic Conditions of Employment Act, which regulate the employment relationship [more...]
Hiring workers on ad hoc or temporary basis? Avoid the pitfalls
Hiring workers on an ad hoc or temporary basis is sometimes necessary for businesses. Some jobs or tasks that crop up just need to be done over [more...]
When you are requested to state “dismissal” for UIF as the reason for termination, be cautious
‘The employer must give reasons for termination of employment by inserting the applicable code at the bottom of the UI-19 Form. Code 11: Retrenched/staff reduction Code 16: Voluntary [more...]
Employment, Labour Minister announces National Minimum Wage for 2024
Employment and Labour Minister Thulas Nxesi has announced a new National Minimum Wage (NMW) determination from R25,42 to R27,58 for each ordinary hour worked. The new national [more...]
Runaway Employee – Desertion in the Workplace
There is a fine line between extended absenteeism and desertion in the workplace. Desertion is often difficult for employers to prove, but they can still terminate a [more...]
Disciplinary procedures & progressive discipline
What is progressive discipline? Progressive discipline is a system of discipline where the penalties increase upon repeat occurrences. The concept is embedded in schedule 8 of the [more...]
Testing positive for marijuana in the workplace
In Marasi v Petroleum Oil and Gas Corporation of South Africa (SOC) Ltd [2023] 10 BLLR 1043 (LC), the employee was denied entry to the workplace after he was [more...]
Big pay hike for domestic workers coming in 2024 – here’s how much you could be paying
The Department of Employment and Labour’s National Minimum Wage Commission is recommending an above-inflation hike to the NMW for 2024, which could see the rate for domestic [more...]
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...]