The Prescription Act may intersect with the Labour Relations Act 66 of 1995 (LRA), particularly whilst scrutinising when a labour dispute arose and when the dispute was referred. Section 16(1) of the Prescription Act provides for prescription periods applicable "to any debt", whilst Section 191(1)(b) of the LRA provides that an unfair dismissal dispute must [...]
The In Limine process allows the CCMA or a party to raise preliminary legal or procedural issues that must be resolved before the main dispute can be heard. These issues, often relating to jurisdiction, representation, or timeframes, are addressed in a dedicated in limine hearing or during scheduled proceedings. This infographic outlines the purpose, procedure, [...]
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 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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]