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 [...]
Clear Boundaries: Supporting Disabilities While Enforcing Discipline
Section 6 (1) of the Employment Equity Act 55 of 1998 (EEA), as amended, provides that no person may unfairly discriminate, directly or indirectly, against any Employee in any employment policy or practice. Such discrimination [...]
Lady Justice – Upholding Fairness in Labour Disputes
Artwork, sculptures and statues depicting the “Lady of Justice” are found throughout the world. Lady Justice is a symbolic representation of unbiased decision-making and protection of the law. Depicted as a blindfolded woman holding a [...]
Work Smarter, Not Harder
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 [...]
Lessons from Legal Precedent – Allegations of Victimisation & Dismissal for Union Activities
In this case, the Respondent argued that the individual Applicants were dismissed for allegedly intimidating their colleagues into joining the Association of Mineworkers and Construction Union (AMCU). On the other hand, AMCU claimed that the [...]
Use It or Lose It
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. [...]
Broadening employer representation in the Civil Engineering Industry
"You can't play a symphony alone, it takes an orchestra to play it." This quote by Navjot Singh Sidhu perfectly encapsulates the essence of a recent arbitration award that has significant implications for employer representation [...]
Let’s Agree to Disagree
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 [...]
From Pension to Penalty: Employers Seeking Damages for Employee Misconduct
The Basic Conditions of Employment Act (BCEA) regulates deductions against the benefits of the employee in accordance with provisions set out in Section 34 of the Act. The BCEA specifically addresses deductions in respect of [...]
Discretion Versus Discrimination
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 [...]
Mind the Gap: Labour Court Rules on Mental Health and Misconduct in the Workplace
As a result of the Covid-19 pandemic and other factors, many employees struggle with physical and mental illness. In the more recent case of Pahlanga vs The Petroleum Oil and Gas Corporation of South Africa [...]
Confronting Workplace Bullying
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 [...]
Lessons from Legal Precedent: Fraudulent Medical Certificates
Employers in South Africa have long faced challenges related to the misuse of sick leave and fraudulent activities related to the acquisition of sick leave certificates. A recent case, Woolworths (Pty) Ltd vs Commission for [...]