Basic Conditions of Employment Act

Rising Tides: The National Minimum Wage & Keeping Your Business Buoyant

The recent announcement by the Department of Employment and Labour to increase the National Minimum Wage (NMW) from R25.42 to R27.58 per hour, effective from 1 March 2024, marks a critical juncture for South Africa’s labour market. This legislative change is aimed at addressing longstanding issues of living wages and economic disparity, seeking to uplift [...]

2024-02-07T13:45:27+02:00February 7th, 2024|Wages|Comments Off on Rising Tides: The National Minimum Wage & Keeping Your Business Buoyant

Think Again Before Pulling a “Sickie” – The Abuse of Sick Leave

The best place to start dealing with sick leave abuse as an employer is to understand what the Basic Conditions of Employment Act (BCEA) states regarding sick leave. Section 22 of the Basic Conditions of Employment Act stipulates that: “Sick leave cycle” means the period of thirty-six (36) months of employment with the same employer [...]

2024-01-18T11:09:11+02:00January 18th, 2024|Sick Leave|Comments Off on Think Again Before Pulling a “Sickie” – The Abuse of Sick Leave

Sun, Sweat, and Protection

There are instances in which the services of employees are required not only for a specific period but also for a specific occasion. The limited duration of the need of employees would necessitate that they be employed on a fixed-term contract, which should be in accordance with section 198(B) of the Labour Relations Act (LRA). [...]

2024-01-18T10:53:45+02:00January 18th, 2024|Theme|Comments Off on Sun, Sweat, and Protection

When Age Matters: Retirement or an Automatically Unfair Dismissal?

South African labour laws lack a specified retirement age, and terminating an employee based on age may violate Section 187(1)(f) of the Labour Relations Act (LRA), which deems dismissals automatically unfair for arbitrary reasons such as age discrimination. Such dismissals can carry significant financial repercussions for employers. However, an exception is outlined in Section 187(2)(b) [...]

2023-12-13T10:26:46+02:00December 13th, 2023|General|Comments Off on When Age Matters: Retirement or an Automatically Unfair Dismissal?

Sharing the “Maternal” or Rather the “Parental” Responsibility

In a groundbreaking decision, the Johannesburg High Court recently rendered a pivotal verdict in the case of W van Wyk and others vs. the Minister of Employment and Labour, reshaping the landscape of maternity and parental leave in South Africa. The Court's ruling declared the current regulations of the Basic Conditions of Employment Act (BCEA) [...]

2023-11-06T12:10:36+02:00November 6th, 2023|General|Comments Off on Sharing the “Maternal” or Rather the “Parental” Responsibility

Taking Proactive Steps when Receiving a Compliance Order

Whether an Employer operates within the scope of the Basic Conditions of Employment Act (BCEA) or is regulated by a Bargaining Council and its consequent Collective Agreement, compliance is a prerequisite that no Employer can shy away from. In the context of Employers operating outside of the scope of any Bargaining Council, the BCEA prescribes [...]

2023-07-11T14:41:25+02:00April 19th, 2023|Labour Relations Act|Comments Off on Taking Proactive Steps when Receiving a Compliance Order

What are the consequences if an employer fails to report an injury on duty?

It is common cause that when an employee gets injured during the course of employment, it will be classified as an injury on duty. Any employer with one or more employees employed must register with the Compensation fund. The Compensation fund for Occupational Injuries and Disease Act (COIDA) 130 of 1993 regulates and enforces the [...]

2023-05-18T12:39:08+02:00February 27th, 2023|General, Theme|1 Comment

Why do employers fail to issue UIF documentation and service certificates to employees?

It frequently happens that employers are required to attend the Commission for Conciliation, Mediation and Arbitration (CCMA) under the auspices of referrals, such as Section 73A disputes, which can sometimes be quickly resolved by providing the employee with their UI19 documents and certificate of service. These issues can be very inconvenient for an employer as [...]

2023-05-18T12:40:38+02:00February 20th, 2023|General, Theme|Comments Off on Why do employers fail to issue UIF documentation and service certificates to employees?

Disciplinary action & the withholding of benefits, do I sense double jeopardy?

When an employee commits misconduct, the employer must take disciplinary action against that employee. In some cases, employers also deduct the employee’s remuneration or withhold certain benefits as punishment. Can this be regarded as double jeopardy? Is an employee being punished twice for the same offence? In Solidarity obo K Oelofse vs Armscor (Soc) Ltd [...]

2023-02-14T15:15:59+02:00February 14th, 2023|General|Comments Off on Disciplinary action & the withholding of benefits, do I sense double jeopardy?

Unlawful deductions when employees are dismissed

Upon termination of the employment relationship between an employer and an employee, a final payslip will be issued to the employee, which may indicate certain deductions. These deductions are often met with dissatisfaction and misunderstanding from employees who tend to seek some form of relief. Although certain deductions to an employee’s salary are permitted, employers [...]

2023-05-18T12:41:56+02:00February 9th, 2023|General, Theme|Comments Off on Unlawful deductions when employees are dismissed
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