Basic Conditions of Employment Act

Infographic | Prominent South African Labour Law Legislation

South African labour law is underpinned by a robust legislative framework that ensures fairness, equity, and protection for both employees and employers. Rooted in the Constitution, the supreme law of the land, these statutes regulate critical aspects of workplace relations, including fair treatment, safety, diversity, and economic stability. From the Labour Relations Act, which governs [...]

2025-01-24T09:23:50+02:00January 24th, 2025|Infographics|Comments Off on Infographic | Prominent South African Labour Law Legislation

Infographic | CCMA / Bargaining Council Processes: Pre-Conciliation

Pre-conciliations are an essential step in resolving workplace disputes efficiently and informally, often before they escalate to formal legal proceedings. This infographic provides an overview of the pre-conciliation process, highlighting how disputes are referred, registered, and addressed through informal discussions facilitated by a Commissioner. By fostering quick and confidential resolutions with minimal legal formalities, pre-conciliations [...]

2025-01-20T19:57:27+02:00January 20th, 2025|Infographics|Comments Off on Infographic | CCMA / Bargaining Council Processes: Pre-Conciliation

Sex Work & Labour Rights

The debate surrounding the labour rights of sex workers is one of the most polarising issues of modern international labour law. With Belgium's recent decision to grant comprehensive labour protection to sex workers, many have hailed it as a human rights victory, while others warn of the social and moral dilemmas it introduces. For South [...]

2024-12-13T10:40:23+02:00December 12th, 2024|General|Comments Off on Sex Work & Labour Rights

Inherent Requirement of the Job versus Discrimination in the Workplace

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. [...]

2024-12-12T06:55:57+02:00December 12th, 2024|Theme|Comments Off on Inherent Requirement of the Job versus Discrimination in the Workplace

Walking the Line Between Affirmative Action and Discriminatory Recruitment Policies

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 [...]

2024-12-04T09:18:42+02:00December 4th, 2024|Theme|Comments Off on Walking the Line Between Affirmative Action and Discriminatory Recruitment Policies

A Discriminatory Disclosure of HIV Status in the Workplace

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 [...]

2024-12-02T10:14:31+02:00November 29th, 2024|Theme|Comments Off on A Discriminatory Disclosure of HIV Status in the Workplace

Time is Money

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 [...]

2024-11-14T12:59:01+02:00November 14th, 2024|Theme|Comments Off on Time is Money

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 2024) present crucial insights for employers navigating the sensitive interplay between operational needs and religious accommodation in the workplace. Initially, [...]

2024-11-11T13:12:09+02:00November 11th, 2024|Dismissal|Comments Off on Keeping the Faith (and the Job)

Breaking Barriers

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 [...]

2024-11-11T09:03:20+02:00November 11th, 2024|Theme|Comments Off on Breaking Barriers

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 includes race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, [...]

2024-11-04T10:24:48+02:00November 4th, 2024|General|Comments Off on Clear Boundaries: Supporting Disabilities While Enforcing Discipline
Go to Top