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 [...]
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 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 [...]
One of the responsibilities of the Department of Employment and Labour is to ensure that all employers adhere to the Basic Conditions of Employment Act (BCEA) and the National Minimum Wage Act (NMWA). These Acts prescribe the minimum conditions of employment, including working hours, sick leave, annual leave, and the determined minimum wage. A compliance [...]
As an employer, you may have felt overwhelmed after discovering your business on a Labour Inspector’s “most wanted” list, receiving a compliance order, and struggling to find guidance. With CEO on your side, those days of uncertainty are over! We’ll help you transform that tidal wave of uncertainty into a manageable task. Armed with our [...]
The distinction between employees and independent contractors holds significant legal implications, especially concerning disputes and resolutions at the CCMA. Section 73A of the BCEA provides that employees or workers earning below the threshold of R254 371.67 per annum (R21 197.63 per month) can refer disputes to the CCMA relating to employers’ failure to pay any [...]
Schedule 8(4)(2) of the Labour Relations Act, the Code of Good Practice, states that an employee can be represented by a fellow employee or a union representative during a disciplinary hearing. However, the question arises: What is the situation with representation if the employee is the union representative in the workplace or, more commonly known, [...]
The CCMA is often faced with matters where employees claim that their employer has made certain unlawful deductions from their salaries. This article seeks to unpack and clarify the current position in our law regarding deductions by an employer and the jurisdiction of the CCMA to hear such disputes. Until recently, the CCMA dealt with [...]
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 [...]