Basic Conditions of Employment Act

Zero-Tolerance – Problematic Clauses in Employment Contracts

Upon appointment in a new position in a business or organisation, employees are usually issued employment contracts that contain a myriad of clauses, terms, and conditions. One such clause which often gets overlooked is the “zero tolerance approach to alcohol use”. In practice, intoxication is interpreted to mean “being under the influence of alcohol to [...]

2024-07-15T09:05:25+02:00July 15th, 2024|Theme|Comments Off on Zero-Tolerance – Problematic Clauses in Employment Contracts

Instructions to Work Overtime – Problematic Clauses in Employment Contracts

Working overtime is essential to an employer’s operational requirements in specific industries within our labour-sphere. If an employee refuses to work overtime when their employer requests it, it is necessary to consider the lawfulness and reasonableness of the instruction. Although the Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates the payment for overtime [...]

2024-06-27T14:05:35+02:00June 27th, 2024|Theme|Comments Off on Instructions to Work Overtime – Problematic Clauses in Employment Contracts

Deductions, the Age-Old Debate at the CCMA & Stipulations of the BCEA

The CCMA is often faced with matters where employees claim that their employer has made certain unlawful deductions from their salaries. This article seeks to unpack and clarify the current position in our law regarding deductions by an employer and the jurisdiction of the CCMA to hear such disputes. Until recently, the CCMA dealt with [...]

2024-06-20T14:17:20+02:00June 20th, 2024|General, Theme|Comments Off on Deductions, the Age-Old Debate at the CCMA & Stipulations of the BCEA

Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers

The Labour Court of South Africa recently delivered an interesting judgment on 29 April 2024, in the case of SACCAWU obo Dlamini v Commission for Conciliation, Mediation and Arbitration and Others (JR2281/21) [2024] ZALCJHB 180 (29 April 2024). This case presents important lessons for employers regarding the fair treatment of employees during disciplinary processes and [...]

2024-06-14T10:28:36+02:00June 14th, 2024|Dismissal|Comments Off on Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers

Understanding Family Responsibility Leave

According to Section 27 of the BCEA, family responsibility leave is available to employees who have been with the same employer for more than four months and work more than four days per week. This leave can be taken when an employee's child is born, when the employee's child is sick, or in the event [...]

2024-06-14T10:12:04+02:00June 14th, 2024|Theme|Comments Off on Understanding Family Responsibility Leave

Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay

The Prescription Act 68 of 1969 safeguards employers against the indefinite pursuit of severance pay claims. This legislation sets a definitive time limit within which claims must be initiated, thus providing employers with certainty and protection from protracted liabilities. In terms of the Basic Conditions of Employment Act (BCEA), specifically Section 41(1), a retrenched employee [...]

2024-06-10T10:04:02+02:00June 10th, 2024|General|Comments Off on Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay

Balancing Flexibility and Stability

The origins of employment relationships derive from principles of Common Law and remain the basis of employment relationships in labour relations as they exist today.  Many of the provisions of the Common Law employment contract have subsequently been amended and regulated by adopting legislation that sought to remedy the inadequacies of the Common Law, such [...]

2024-06-04T09:22:42+02:00June 3rd, 2024|Theme|Comments Off on Balancing Flexibility and Stability

Maximising Time Off

Annual leave is vital to all employees' well-being, offering them a much-needed respite from their daily work endeavours. Embedded within South Africa’s labour framework, the Basic Conditions of Employment Act (BCEA) outlines the rights and entitlements surrounding annual leave. This article will briefly discuss the provisions, implications, and benefits it holds for both employers and [...]

2024-05-23T11:15:02+02:00May 23rd, 2024|Theme|Comments Off on Maximising Time Off

Are employers permitted to scrutinise a prospective employee’s criminal and credit history?

During the recruitment process, it is common practice for many employers to ask prospective employees questions about their criminal and credit records. The purpose, in general, is to ascertain the candidate's suitability for the position. At first glance, this vetting process appears unproblematic. Employers should legitimately be entitled to request this information to ensure they [...]

2024-05-23T10:54:49+02:00May 23rd, 2024|General|Comments Off on Are employers permitted to scrutinise a prospective employee’s criminal and credit history?

Understanding Employment Relationships in the Developing Gig Economy

The Fourth Industrial Revolution (4IR) has catalysed a shift towards freelancing and independent contracting, emphasising the need to examine Section 200A of the Labour Relations Act (LRA) alongside Section 83A of the Basic Conditions of Employment Act (BCEA). Section 200A of the LRA assumes that a person working or providing services under any contract format [...]

2024-05-13T11:33:50+02:00May 6th, 2024|Theme|Comments Off on Understanding Employment Relationships in the Developing Gig Economy
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