dispute

Navigating Minimum Wage Compliance: Lessons from the Quantum Foods Case

The National Minimum Wage Act (NMWA) has been a significant milestone in the pursuit of social and economic justice for vulnerable workers in South Africa. It aims to protect low-wage workers from exploitation and improve their earnings by setting minimum wage standards. One of the critical questions arising from this Act is how various components [...]

2023-11-27T11:11:27+02:00November 27th, 2023|General|2 Comments

The conversation, after a warning

The workplace is regulated by a set of rules and directives that guide the efficiency of the business and the stability of the employer-employee relationship. Often, when an employee has stepped out of line either by act or omission, the employer may issue a warning. The very essence of a warning is to bring to [...]

2022-12-12T14:27:26+02:00December 12th, 2022|General|Comments Off on The conversation, after a warning

Can Employees Strike Over Unpaid Meal Intervals?

Section 14 of the BCEA (Basic Conditions of Employment Act) stipulates as follows: An Employer must give an Employee who works continuously for more than five (5) hours a meal interval of at least one (1) continuous hour. During a meal interval, an Employee may be required or permitted to perform only duties that cannot [...]

2022-09-29T15:06:57+02:00September 29th, 2022|Strikes|Comments Off on Can Employees Strike Over Unpaid Meal Intervals?

Overtime and the bottom line

For many enterprises, the wage bill represents a significant expense, often the most considerable single monthly expense. The affordability of the expense can be debilitating for many smaller companies. The situation may further be compounded by the need to pay overtime; as many employers know, overtime is a costly exercise. Although overtime should be an [...]

2022-09-09T12:44:03+02:00September 6th, 2022|General|Comments Off on Overtime and the bottom line

What happens when your employee becomes sick while on annual leave?

From time to time, shortly after an employee returns from their annual leave, they furnish their employer with a medical certificate stating that they spent a period of their leave being sick. The question is, how does an employer deal with this situation going forward? Section 22(1) to 22(4) of the Basic Conditions of Employment [...]

2022-09-01T09:11:59+02:00September 1st, 2022|General, Sick Leave|Comments Off on What happens when your employee becomes sick while on annual leave?

Can employers calculate wages by including commission to comply with the National Minimum Wage Act?

In certain industries, such as hospitality, retail sector, estate agents and financial advisory, commission is an important component of the payment structure of these employees. In the calculation of the employee's remuneration, on more than one occasion, the question arose if the commission forms part of the calculation to comply with the National Minimum Wage [...]

2022-08-19T11:34:16+02:00August 19th, 2022|Wages|Comments Off on Can employers calculate wages by including commission to comply with the National Minimum Wage Act?

Intimidation in the Workplace

Intimidation can be defined as a threat, either physical, verbal or through inference and suggestive actions that have the effect of making the person(s) to whom it is directed to fearful of the threats directed towards them. The Employment Equity Act 55 of 1998 draft code of good practice on preventing and eliminating violence and [...]

2022-07-22T09:42:07+02:00July 22nd, 2022|General|Comments Off on Intimidation in the Workplace

Meet our Demands, or we Strike – P.S Trade Unions

Section 64 of the Labour Relations Act (the “LRA”) regulates the right to strike and recourse to lock-out. In terms of Section 64(1), every employee has the right to strike, and every employer has recourse to lock-out if the issue in dispute has been referred to a council or the Commission as required by the [...]

2022-07-18T12:25:17+02:00July 18th, 2022|Strikes|Comments Off on Meet our Demands, or we Strike – P.S Trade Unions

To leave no “stoned” unturned

In a recent judgment handed down in the matter of Bernadette Enever v Barloworld Equipment, a division of Barloworld South Africa (Pty) Ltd (JS633/20 and JS926/20) LC, the Labour Court upheld the dismissal of an employee for the breach of the employer’s zero-tolerance Alcohol and Substance Abuse policy whereby the employee repeatedly tested positive for the [...]

2022-07-12T14:36:07+02:00July 12th, 2022|General|Comments Off on To leave no “stoned” unturned
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