Discretionary annual bonuses are supplementary payments made by employers to employees, typically at the end of the year, prior to the festive season. Although this benefit should serve as an incentive for outstanding employee performance, the criteria for deciding who receives a bonus and how much can sometimes lead to disputes about fairness and the [...]
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 [...]
The recent CCMA ruling in Solidarity obo Members / Sibanye Platinum Mine and Others ([2024] 10 BALR 1126 (CCMA)) reaffirms the critical role threshold agreements play in maintaining stability and fairness within collective bargaining frameworks. From an employer’s perspective, the decision clearly endorses majoritarian principles and highlights the necessity of adherence to collective agreements. Case [...]
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 [...]
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 [...]