As we embark on the journey of a new year, it is my privilege to welcome back the staff and members of the Consolidated Employers Organisation (CEO). I trust that each of you has returned from your well-deserved breaks feeling refreshed and ready to tackle the opportunities and challenges that lie ahead. Let me take [...]
As the year draws to a close, it offers a valuable opportunity to reflect on both personal and professional growth. It’s also a time to assess the toll of relentless work schedules, the pressures of achieving organisational goals and balancing personal commitments. With the festive season upon us, this is a timely moment to acknowledge [...]
Employers may find themselves in a difficult situation in distinguishing the fine line between unfairly discriminating against employees and upholding their reasonable code of conduct and policies within the workplace. In the past, it has been easy to discipline employees in terms of the so-called “zero tolerance” policies for substance and alcohol use and abuse. [...]
Tensions in the workplace often arise from employees feeling unfairly discriminated against upon the realisation that they are unequally paid for work of equal value. Employers must protect employees' rights and dignity, while employees should be well-informed about labour legislation to prevent unnecessary conflicts regarding the terms and conditions of employment. In the recent Labour [...]
The Constitution of the Republic of South Africa provides the foundation for equality and against unfair discrimination. The Employment Equity Act 55 of 1998 (EEA) is a pivotal piece of legislation promulgated to address inequalities in the workplace. The Act’s objectives speak to “promoting equal opportunity and fair treatment in employment through the elimination of [...]
In KAB v National Union of Metalworkers of SA (2023) ILJ 2554 (FSB), the Plaintiff, an employee of the one Defendant, instituted a defamation claim against the employer and two of her colleagues for disclosing her HIV status during a staff meeting. The Plaintiff’s claim against the Defendants was for R1 000 000.00 (one million [...]
A recent matter dealt with by CEO at the CCMA addressed a claim of unfair labour practice relating to promotion. This ruling sheds light on the complexities surrounding internal promotions and recruitment processes and the fairness employers must exercise in their decision-making. The case provides essential insights into how employers should structure and manage recruitment [...]
In the case of Masinga v Almar Investments (Pty) Ltd (J564/23) [2024] ZALCJHB 381 (8 October 2024), the Labour Court examined an important issue regarding an employee's entitlement to back pay following reinstatement. The case sets a critical precedent for situations where an employee, despite being reinstated, is instructed by their employer to stay home [...]
In a recent case, dealt with by CEOSA on behalf of one of our members, the CCMA addressed a complaint of unfair discrimination on the grounds of race. This ruling provides key insights for employers regarding the importance of maintaining fair and consistent employment practices to avoid claims of racial discrimination. It further explains the [...]
An interesting Labour Appeal Court (LAC) judgment, Mgaga v Minister of Justice and Correctional Services and Others (DA 17/21) [2024] ZALAC 8; [2024] 7 BLLR 699 (LAC); (2024) 45 ILJ 1576 (LAC) (11 April 2024), upheld an employer’s decision to dismiss an employee with 29 years of spotless service. The case highlights a vital lesson [...]