On the Record

In the recent Labour Appeal Court case of Tshabalala v Moqhaka Local Municipality and Another (JA88/2024) [2024] ZALAC 60 (21 November 2024), a municipal manager (the employee) at Moqhaka Local Municipality (the employer) was suspended [...]

Discretionary Bonuses & the Principle of Fairness

Discretionary annual bonuses are supplementary payments made by employers to employees, typically at the end of the year, prior to the festive season. Although this benefit should serve as an incentive for outstanding employee performance, [...]

The Importance of a Certificate of Representivity

The post-COVID-19 era has witnessed a decline in membership representation across many bargaining councils due to aspects such as business closures, which have significantly impacted the representativity of certain councils. Additionally, South Africa's high unemployment [...]

Threshold Agreements

The recent CCMA ruling in Solidarity obo Members / Sibanye Platinum Mine and Others ([2024] 10 BALR 1126 (CCMA)) reaffirms the critical role threshold agreements play in maintaining stability and fairness within collective bargaining frameworks. [...]

What Industry or Sector Does My Business Fall Under

Demarcation disputes play an important role in South African Labour Law, especially in the context of sectoral determinations and the classification of businesses within specific industries. These disputes arise when an employer believes their business [...]

Keeping the Faith (and the Job)

The recent judgments in Sayiti v Sun International Management Limited (JS1019-16) [2023] ZALCJHB 104; (2023) 44 ILJ 1613 (LC) (17 January 2023) and Sun International Management Limited v Sayiti (JA13-23) [2024] ZALCJHB 411 (21 October [...]

Work Smarter, Not Harder

October 7th, 2024|

As the end of the year approaches, employers and employees often find themselves drowning in deadlines, unfinished projects, and the scramble to meet annual goals. This last stretch of the year is notorious for increasing [...]

Use It or Lose It

September 23rd, 2024|

The Basic Conditions of Employment Act (BCEA) regulates annual leave in South Africa. The BCEA provisions for annual leave do not apply to employees who work fewer than 24 hours per month for an employer. [...]

Let’s Agree to Disagree

September 9th, 2024|

For an employer, addressing issues of clashing personalities within the workplace is a problem probably as old as time itself. The unfortunate reality is that sometimes people who work together simply don’t get along, and [...]

Discretion Versus Discrimination

August 26th, 2024|

The recruitment and selection processes are critical operational aspects of any organisation. Although employers generally have complete discretion in determining whom to appoint for a respective position, there are exceptions to how this discretion can [...]

Confronting Workplace Bullying

August 12th, 2024|

Workplace bullying is a silent epidemic that erodes employee morale and mental health. The High Court's recent decision in Tilana Alida Louw vs Jan Mattheus Christiaan Fourie N.O. and Netcare Universitas Hospital brings this issue [...]