The recruitment and selection processes are critical operational aspects of any organisation. Although employers generally have complete discretion in determining whom to appoint for a respective position, there are exceptions to how this discretion can be implemented. If a prospective candidate is not appointed due to unfair or irrational reasons, there may be adverse legal [...]
As a result of the Covid-19 pandemic and other factors, many employees struggle with physical and mental illness. In the more recent case of Pahlanga vs The Petroleum Oil and Gas Corporation of South Africa (PetroSA) Case no C564/2019, 9 July 2021), the Labour Court had to consider whether the dismissal of an employee for [...]
The National Minimum Wage Act (NMWA) is a landmark piece of legislation aimed at establishing a baseline of fair pay for workers across South Africa. While the Act sets a general minimum wage, it also acknowledges the diverse economic realities of different sectors by allowing for sectoral determinations and wage variations. Sectoral determinations are legal [...]
The National Minimum Wage Act No 9 of 2018 (NMWA) has introduced significant changes to labour remuneration in South Africa. While its primary goal is to ensure a basic standard of living for all workers, certain categories, such as those under the Expanded Public Works Programme (EPWP) and Learnership agreements, require special consideration. The Expanded [...]
Employers in South Africa have long faced challenges related to the misuse of sick leave and fraudulent activities related to the acquisition of sick leave certificates. A recent case, Woolworths (Pty) Ltd vs Commission for Conciliation, Mediation, and Arbitration (CCMA) and Others (JA90/22) [2024] ZALAC 29, sheds light on how such issues should be approached. [...]
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 [...]
The recent Constitutional Court judgment of AFGRI Animal Feeds v. NUMSA & Others (CCT 188/22) has pivotal implications for employers. This landmark ruling, alongside the established precedents in the Lufil Packaging (Isithebe) (A division of Bidvest Paperplus (Pty) Ltd) v Commission for Conciliation Mediation and Arbitration and Others No. DA8/2018 case reaffirms the principle that trade [...]
Automatic termination clauses in employment contracts, also known as "self-executing" clauses, stipulate that the employment relationship will end automatically upon the occurrence of a specific event, such as the expiry of a fixed-term contract or the completion of a particular project. In South African labour law, the validity and enforceability of these clauses have been [...]
Many employers believe that the employment relationship automatically ends if one of their employees is arrested or imprisoned. This assumption is based on the employee’s unavailability to return to work, and, more importantly, the trust relationship has been tarnished due to the employee’s alleged criminal behaviour. Unfortunately, this is not the case. This then begs [...]
It frequently occurs that employees who receive an alternative work opportunity resign without giving the prescribed notice period. Previously, CEO published an article in which we specifically addressed whether the employer was required to remunerate the employee for the notice period not worked. This article explores whether the employer is permitted to deduct the value [...]