I’m Every Woman | Siliziwe Rumbu
Siliziwe Rumbu’s journey into labour law has been driven by a passion for standing up for others, a love for the ever-evolving nature of the law, and a bit of inspiration from her favourite artist, Whitney Houston. Growing up in East London, Siliziwe was raised by her strong and supportive mother, who instilled in her [...]
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 five members were dismissed around 31 August 2016 for simply exercising their rights by joining the union and encouraging others [...]
Compliance & Collective Agreements – Lessons from Case Law
The case National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) v Bloch N.O. offers critical insights for employers, particularly those managing incentive schemes under collective agreements. This judgment sheds light on the legal principles surrounding compliance, particularly "substantial compliance," and the obligations employers have when implementing such schemes. Here’s what employers need [...]
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. Additionally, these provisions do not cover any leave granted beyond the BCEA's stipulated entitlements. The BCEA’s annual leave provision accrues [...]
Challenging a Compliance Order
When an employer receives a compliance order, they essentially have two options: The employer can comply with the compliance order or; The employer can challenge or oppose the compliance order. This article focuses only on the second option, challenging or opposing the compliance order. When one looks at a compliance order received from the Department [...]
In the Fast Lane | Nihal Dasraj
For Nihal Dasraj, life is like a well-tuned car – every part plays a role, every detail matters, and everything must run smoothly to reach the desired destination. Born and raised in Reservoir Hills, Durban, Nihal’s passion for precision and care extends beyond his work as a Legal Assistant at the Consolidated Employers’ Organisation (CEO); [...]
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 in South Africa’s civil engineering sector. Just as every musician, regardless of the size of their instrument, deserves to be [...]
The Sources of Compliance at Bargaining Councils
Employers who fail to comply with their industry’s Main Collective Agreement will end up on the receiving end of compliance orders from the relevant Bargaining Council. Before delving into the process following the issuance of a compliance order, it’s essential to understand the formation of Bargaining Parties, the nature of a Collective Agreement, and the [...]
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 the employer is expected to sort out the problem. Incompatibility can manifest in numerous forms. An employee may find it [...]
The Art of Compliance
One of the responsibilities of the Department of Employment and Labour is to ensure that all employers adhere to the Basic Conditions of Employment Act (BCEA) and the National Minimum Wage Act (NMWA). These Acts prescribe the minimum conditions of employment, including working hours, sick leave, annual leave, and the determined minimum wage. A compliance [...]
Mother’s Nature | Amanda Koesnell
Amanda Koesnell's story is one of resilience, faith, and family. Growing up as the youngest in a tight-knit family in Motherwell, Port Elizabeth, Amanda was surrounded by the love and support of her siblings, who stepped up when their mother worked long hours. Her brother was her homework hero, while her sister took on the [...]
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 damages. Section 34(2) permits an employer to deduct from an employee’s remuneration for reasons related to loss or damage, provided [...]
The Tidal Wave of Uncertainty with Compliance Orders
As an employer, you may have felt overwhelmed after discovering your business on a Labour Inspector’s “most wanted” list, receiving a compliance order, and struggling to find guidance. With CEO on your side, those days of uncertainty are over! We’ll help you transform that tidal wave of uncertainty into a manageable task. Armed with our [...]
Exemptions to the National Minimum Wage Act
The National Minimum Wage Act (NMWA) represents a significant step towards ensuring fair pay and improving living standards for workers in South Africa. It establishes a legal minimum wage that employers must pay their employees. However, the Act acknowledges that not all types of work fit within this standard framework and includes specific exemptions to [...]
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 be implemented. If a prospective candidate is not appointed due to unfair or irrational reasons, there may be adverse legal [...]
Class Dismissed | Simphiwe Ndaba
For Simphiwe, life has always been about finding the right balance between ambition and values, and no one embodied this balance more than his high school English teacher, Mr. SA Hlongwane. Growing up in Bergville, a picturesque village nestled in the foothills of the Northern Drakensberg mountains, Simphiwe learned the importance of kindness, love, and [...]
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 (PetroSA) Case no C564/2019, 9 July 2021), the Labour Court had to consider whether the dismissal of an employee for [...]
Sectoral Determinations & Wage Variations under the NMWA
The National Minimum Wage Act (NMWA) is a landmark piece of legislation aimed at establishing a baseline of fair pay for workers across South Africa. While the Act sets a general minimum wage, it also acknowledges the diverse economic realities of different sectors by allowing for sectoral determinations and wage variations. Sectoral determinations are legal [...]
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 to the fore, highlighting the critical role employers play in safeguarding their workforce from abuse. This case offers a stark [...]
EPWP Contracts & Learnership Allowances: Implications of the National Minimum Wage Act
The National Minimum Wage Act No 9 of 2018 (NMWA) has introduced significant changes to labour remuneration in South Africa. While its primary goal is to ensure a basic standard of living for all workers, certain categories, such as those under the Expanded Public Works Programme (EPWP) and Learnership agreements, require special consideration. The Expanded [...]
Serving Up Success | Keanu Ward
Much of life - like table tennis - is about quick reflexes, strategic moves, and the occasional unexpected spin. For Keanu Ward, a proud "Bloemie", these principles have subconsciously guided him both on and off the ‘court’. Growing up in a close-knit family, Keanu's days revolved around his parents' tuckshop and his brother's swimming galas, [...]
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 Conciliation, Mediation, and Arbitration (CCMA) and Others (JA90/22) [2024] ZALAC 29, sheds light on how such issues should be approached. [...]
Independent Contractors & CCMA Disputes: Understanding Section 73A
The distinction between employees and independent contractors holds significant legal implications, especially concerning disputes and resolutions at the CCMA. Section 73A of the BCEA provides that employees or workers earning below the threshold of R254 371.67 per annum (R21 197.63 per month) can refer disputes to the CCMA relating to employers’ failure to pay any [...]
The Limits of Trade Union Representation
The recent Constitutional Court judgment of AFGRI Animal Feeds v. NUMSA & Others (CCT 188/22) has pivotal implications for employers. This landmark ruling, alongside the established precedents in the Lufil Packaging (Isithebe) (A division of Bidvest Paperplus (Pty) Ltd) v Commission for Conciliation Mediation and Arbitration and Others No. DA8/2018 case reaffirms the principle that trade [...]
Automatic Termination Clauses – Problematic Clauses in Employment Contracts
Automatic termination clauses in employment contracts, also known as "self-executing" clauses, stipulate that the employment relationship will end automatically upon the occurrence of a specific event, such as the expiry of a fixed-term contract or the completion of a particular project. In South African labour law, the validity and enforceability of these clauses have been [...]