As you savour your well-deserved holiday following a busy year, the last thing you want is to cut your vacation short to travel back for a CCMA matter. The good news is that the Commission for Conciliation, Mediation, and Arbitration (CCMA) recognises the need for flexibility and has embraced digital platforms to facilitate proceedings even [...]
As the holiday season approaches, employees and employers alike find themselves preparing for a well-deserved break. However, the festive period can bring about unexpected challenges, especially if your workplace temporarily closes its doors. In this article, we will delve into crucial aspects of the Labour Law that you should consider during this festive closure, particularly [...]
Severance pay in South African labour legislation is primarily governed by the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA). The calculation of severance pay typically depends on the specific circumstances and agreements in place. Section 41 of the BCEA provides the default position when calculating statutory severance pay. Severance pay [...]
In our previous article, we discussed the entitlement to severance pay in terms of Section 41 of the Basic Conditions of Employment Act (BCEA) and the circumstances under which the benefit arises. Severance pay entitlement arises when an employee’s contract of employment is terminated for operational requirements. In terms of the section, the right to [...]
In terms of Section 41(4) of the Basic Conditions of Employment Act (BCEA), an employee who is dismissed for operational requirements is not entitled to severance pay if the employee “unreasonably refuses to accept the employer's offer of alternative employment with that employer or any other employer”. The Labour Appeal Court (LAC) previously set out [...]
The question of whether employees are entitled to severance pay is a well-established aspect of South African statutory labour law. While the circumstances under which severance pay becomes due to employees are relatively limited, it's not uncommon for employees to ask to be paid for their “years of service" during dispute resolution processes. Many employees [...]
By this time, CEO members and readers of this forum will better understand the inner workings of the Employment Equity Act (EEA) and the effects it may have on employers. Now that we know what exactly is expected from a designated employer, it is also essential to have a thorough understanding of how the EEA [...]
The Employment Equity Act 55 of 1998 (EEA) aims to achieve workplace equity by promoting equal opportunities and fair treatment. The Act further seeks to implement affirmative actions to uplift and aid disadvantaged groups in the workplace. Section 2 of the Act highlights the fundamental purpose of the Act, which is to prevent unfair discrimination [...]
South Africa is one of the world's most culturally, racially, and economically diverse countries. To ensure that everyone enjoys equal opportunity and fair treatment in the workplace, the Employment Equity Act of 1998 (EEA) was enacted into law. The EEA promotes equity in the workplace, ensuring that all employees receive equal opportunities and are treated [...]
Employment Equity ensures that suitably qualified individuals from designated groups (previously disadvantaged and those discriminated against in the past) have equal opportunities and are equally represented in all business levels and categories across different workplaces. Designated employers in South Africa are required to implement an Employment Equity Plan. This plan aims to enable the employer [...]