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Determining when new employers substitute for old employers

Deciding at what point a new employer is substituted for an the old employer, in terms of a transfer in terms of section 197 of the Labour Relations Act is unclear from the legislation and must be determined on a case-by-case basis...

By Jacques van Wyk and Andre Van Heerden 29 Apr 2016

Labour Law Conference to address impact of national minimum wage

The 29th Annual Labour Law Conference, taking place 24-25 August 2016 at Emperors Palace, will discuss factors affecting youth employment, the role of trade unions and the question of the national minimum wage...

By Nicci Whitear-Nel 25 Apr 2016

Understanding the legalities of overtime

The Basic Conditions of Employment Act sets out some clear, realistic laws governing overtime that all employers must heed. This legislation does a good job of balancing the rights of employees and the needs of businesses to avoid contention between employers and employees...

By Madelein Taljaard (van der Watt) 21 Apr 2016

FEDHASA updates industry on labour issues

Leon Traut updated industry members on current labour issues during an industry event hosted by FEDHASA Cape region. Minimum wage increases will come into effect...

20 Apr 2016

Transferral of temporary employment service contracts

In a recent case, the Court had to consider if the contracts of employment of temporary employment service (TES) employees would transfer to the client of the TES in terms of the Labour Relations Act (LRA), if the employees have been utilised by the client for a period in excess of three months...

By Andre Van Heerden and Jacques van Wyk 19 Apr 2016

March to support Shoprite's casual staff

Industrial action at Shoprite's distribution centre in Centurion ended on Tuesday, but supporters of casual workers at the facility say they are mobilising communities to march on Thursday as outsourced workers were "coerced" to return to work...

By Karl Gernetzky 14 Apr 2016

'Garden leave' clause permitted in employment contracts

A 'garden leave' clause forms part of an employee's contract of employment, whereby the employer may elect to relieve the employee from performing his/her duties for the duration of any notice period, on full pay...

By Bankey Sono and Toka Moiloa 12 Apr 2016

State-owned entity not required to furnish security when instituting review applications

Due to an amendment introduced by the Labour Relations Amendment Act in 2014, a review application does not suspend the operation of an arbitration award, unless the applicant furnishes security to the satisfaction of the Labour Court...

By Sipelelo Lityi and Aadil Patel 12 Apr 2016

Economic crime soars in South Africa

PricewaterhouseCoopers 2016 Global Economic Crime Survey shows that when it comes to economic crimes, South Africa is ahead of the curve...

5 Apr 2016

Labour disputes, arbitration awards bind new employers

When acquiring a business, as a going concern, employers need to be mindful of any existing labour disputes or arbitration awards in this business as these could pose serious risks to the success of the transaction...

By Nadine Mather 31 Mar 2016

DA raises red flag over minister's mandate in UIF bill

Amid debate over what to do with the hefty R120bn surplus in the Unemployment Insurance Fund (UIF), concerns are being raised about the state's power to distribute benefits...

By Karl Gernetzky and Penelope Mashego 30 Mar 2016

Employees may not be discriminated against based on 'geographical location'

In the case of Duma v Minister of Correctional Services & others in February 2016, the Labour Court has ruled that failure to pay an employee in one province, the same remuneration as employees in the same positions in other provinces, constitutes unfair discrimination...

By Jacques van Wyk and Andre Van Heerden 29 Mar 2016

Non-compliance comes at great cost to SA businesses

South Africa is a highly regulated market which places an onerous burden on corporates to stay abreast of frequent changes in the regulatory landscape...

Issued by LexisNexis 23 Mar 2016

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