South African employers who are considering changing work hours to avoid the National Minimum Wage hike could find themselves in hot water, as the Department of Labour has vowed to clamp down on non-compliance in 2025.
The department is determined to increase its number of labour inspectors from 2,000 to 20,000, following a rise in labour [more…]
The minimum wage of R27,58 per hour will increase to R28,79 per hour (an increase of approximately 4,4%). The new minimum wage sets a new baseline across [more…]
In the realm of workplace discipline, the term “consistency” frequently arises, along with its counterpart, “inconsistency.” These concepts are pivotal to the fair and equitable administration of disciplinary action. To comprehend the requirement of consistency, one must move beyond simplistic definitions and delve into the practical implications of treating “like with like” and ensuring fairness [more…]
South Africa’s employment landscape is poised for transformation with the publication of the Draft Code of Good Practice on Dismissal. Designed to provide clearer guidelines and greater flexibility, this groundbreaking reform introduces a principle-based approach to dismissals that balances fair labour practices with business realities.
According to Jonathan Goldberg, Chairman of Global Business Solutions, this reform consolidates [more…]
The Employment Equity Act Amendments are scheduled to take effect on January 1, 2025.
IMPORTANT: Please note that the amendments do not affect the current 2024 reporting requirements, that are still based on the existing section 21 of the EE Act.
The amendments will introduce various changes including two more important changes being:
The Minister [more…]
Over the past decade, workplace bullying has extended its reach beyond the office walls into the realm of online platforms and social media. This shift has prompted a renewed focus on addressing both conventional and digital forms of harassment in the workplace, a leadership expert says.
“Workplace bullying, defined as repeated patterns of harmful behaviour towards [more…]
It must be understood that Labour Law is silent on the question of bonuses. This means that the payment or non-payment of bonuses is a matter entirely for the employer to decide, and to negotiate with employees. If an employer who presently does not pay bonuses of any sort wishes to continue on that route [more…]
Introduction
Section 188 of the LRA provides that, to be fair, a dismissal that is not automatically unfair must be for a fair reason and in accordance with a fair procedure.
The employer should conduct an investigation to determine whether there are grounds for dismissal. This does not need a formal inquiry. The employer should notify [more…]
When employees are dismissed or abscond following suspected theft or misappropriation of funds, ex-employers often attempt to recover the lost funds from the ex-employee’s pension benefits. In such cases, time is of the essence, as ex-employees may try to withdraw their pension benefits quickly. To have a chance of recovering the lost monies, an ex-employer [more…]
A recent Labour Court case found that some employers could be exempt from paying severance to retrenched employees if they can demonstrate that they helped secure alternative employment with a new employer.
However, this is only under very specific circumstances—specifically, where the employer swiftly takes action and actively secures the new job.
Legal experts at Cliffe Dekker [more…]
The Department of Employment and Labour (DEL) has ramped up its inspection raids, which remind employers to audit foreigners’ employment status to avoid being caught in violation of immigration, employment, and criminal laws.
This was outlined by legal experts at Cliffe Dekker Hofmeyr (CDH) Imraan Mahomed, Taryn York and Mapaseka Nketu.
Recently, Minister Nomakhosazana Meth reported nearly 2,900 inspections [more…]
Sooner or later the labour law catches up with employers who fail to follow proper disciplinary procedure and to provide good reason for dismissals. This is because section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. The Labour [more…]
Final written warnings constitute a crucial element within the disciplinary framework of any Organisation. They afford employers the opportunity to communicate to employees that their conduct is deemed unacceptable, emphasising the need for a change in behaviour to avert dismissal.
The occurrence of persistent or recurrent misconduct may lead to the issuance of a final written [more…]
Employers are often over-hasty to conclude that an employee’s actions amount to a resignation where it suits the employer. Caution should be exercised.
A contract of employment can end at the employer’s instance, in the form of a dismissal, or by the employee in the form of a resignation. Although a written resignation is preferred, sometimes [more…]
Celebrating Corporate Wellness Awareness Week from 1 to 5 July by highlighting the vital role that companies play in fostering employee health and well-being is not just a matter of timing, it’s a matter of necessity.
A healthy workforce is a productive [more…]
Legal experts warn that crossing the line with social media posts that violate South Africa’s new hate speech laws gives bosses ample ammunition to gun for employees – so it’s best to think twice before posting.
Social media platforms such as Facebook, Instagram and Twitter have enabled users to connect and communicate with people who are [more…]
For the purposes of the Employment Equity Act, discrimination may be distinguished from unfair discrimination.
Discrimination occurs when an employer treats a person differently based on physical attributes or other factors such as religion or political belief. The act of treating employees differently may be justified in some circumstances (e.g. years of service may [more…]
