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 [...]
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. [...]
In the recent Labour Appeal Court case of Tshabalala v Moqhaka Local Municipality and Another (JA88/2024) [2024] ZALAC 60 (21 November 2024), a municipal manager (the employee) at Moqhaka Local Municipality (the employer) was suspended on the 1st of March 2024, due to alleged misconduct. After receiving the notice to attend a disciplinary hearing on [...]
Tensions in the workplace often arise from employees feeling unfairly discriminated against upon the realisation that they are unequally paid for work of equal value. Employers must protect employees' rights and dignity, while employees should be well-informed about labour legislation to prevent unnecessary conflicts regarding the terms and conditions of employment. In the recent Labour [...]
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 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 [...]
A recent matter dealt with by CEO at the CCMA addressed a claim of unfair labour practice relating to promotion. This ruling sheds light on the complexities surrounding internal promotions and recruitment processes and the fairness employers must exercise in their decision-making. The case provides essential insights into how employers should structure and manage recruitment [...]
Demarcation disputes play an important role in South African Labour Law, especially in the context of sectoral determinations and the classification of businesses within specific industries. These disputes arise when an employer believes their business should not be classified under a particular sector or industry defined by the Labour Relations Act (LRA) or Bargaining Council [...]
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 [...]