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 [...]
The post-COVID-19 era has witnessed a decline in membership representation across many bargaining councils due to aspects such as business closures, which have significantly impacted the representativity of certain councils. Additionally, South Africa's high unemployment rate is one of the biggest challenges, as most companies are still recovering and cannot afford to recruit new employees. [...]
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 [...]
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, [...]
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 [...]
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, [...]
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 [...]
The primary objective of a probationary period is to enable employers to evaluate an employee's performance prior to confirming their permanent employment. Employers must be mindful that probationary periods in South Africa are regulated by the Labour Relations Act (LRA) and its corresponding with the Code of Good Practice. Furthermore, as stipulated in Section 8 [...]
Artwork, sculptures and statues depicting the “Lady of Justice” are found throughout the world. Lady Justice is a symbolic representation of unbiased decision-making and protection of the law. Depicted as a blindfolded woman holding a scale and a sword, she embodies fairness, impartiality and the rule of law. The blindfold represents objectivity, indicating that justice [...]
Probation, or the probation period for that matter, is a period that is used to assess and measure the suitability of the employee for the role, as well as to measure the performance of the employee during this time. Naturally, there will be instances whereby it becomes apparent, or it appears that the employee’s performance [...]