Legal Trends 2020

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Employment Equity Amendment Bill to bring about real transformation

As the Employment Equity Amendment Bill makes its way to Parliament for deliberation, the Department of Employment and Labour has set the ball in motion for the introduction of sector-specific Employment Equity numerical targets...

1 day ago

New leave laws may increase mine employee costs

The implementation of the Labour Laws Amendment Act from 1 January 2020 is welcome from an equality perspective but may have cost implications for mining companies...

By Lizle Louw 7 Feb 2020

What you need to know about sick notes

The validity of sick notes has come under the spotlight this week, but it is not a new issue, rather one which employers have been grappling with for a long time...

By Myrna Sachs 6 Feb 2020

New parental leave laws and UIF benefits: dispelling the confusion

Following a period of legal limbo, the government notified employers that the parental leave laws that were promulgated in November 2018 would take effect from 1 January 2020...

By Rob Cooper 5 Feb 2020

What you should know about the proposed Employment Tax Incentive amendments

On Tuesday 26 November 2019, a number of tax-related bills were passed by the National Assembly and are currently being deliberated by the National Council of Provinces...

3 Feb 2020

ConCourt rules on procedural fairness of minority union retrenchments without consultation

On Thursday, the Constitutional Court delivered judgment in the case of Association of Mine Workers and Construction Union and Others v Royal Bafokeng Platinum Mine Limited and Others. In this matter, the constitutionality of Section 189(1) of the Labour Relations Act (LRA) was debated...

27 Jan 2020

Employee rights proposed for film and TV industry workers

On 11 December 2019, the Minister of Labour in South Africa issued a notice calling for interested parties to make submissions on his proposal to deem persons in the film and television industry as employees for the purpose of selected portions of South Africa's employment law...

By Johan Botes 24 Jan 2020

Contract termination vs employee dismissal - how are they interrelated?

A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same time, labour legislation. Although the judgment may at first seem confusing, a careful analysis of its outcome sheds light on how these parallel sources of the parties' rights and obligations operate in conjunction.

By Bradley Workman-Davies 23 Jan 2020

The (tax) benefit of keeping employees incentivised

Are expenses incurred in maintaining a content and motivated workforce part of the costs of a taxpayer's income-producing operations...?

By Graeme Palmer 20 Jan 2020

Planning for public holidays and your business in 2020

South Africa has 13 official public holidays and in 2020, enjoys 14 as one falls on a Sunday. Employers should consider the effect on the workplace and implement measures to address the impact on work...

By Faan Coetzee 17 Jan 2020

Former municipal workers fight labour broker issue

The case of about 200 former Ekurhuleni municipal workers who claim that they should have been made permanent employees was heard at the Labour Court in Braamfontein, Johannesburg, on Tuesday...

By Zoë Postman 16 Jan 2020

Inputs sought on document to improve film, TV workers' rights

Major improvements are in the pipeline for the rights of workers in the film and television industry...

13 Jan 2020

Former Prasa employee ordered to pay damages for CV fraud

In a recent case, Passenger Rail Agency v Mr Daniel Mthimkhulu the High Court ordered a former executive employee to pay his old employer an amount of approximately R5.7 million in damages for misrepresenting his qualifications...

By Dhevarsha Ramjettan, Shane Johnson, and Kgololego Pooe 10 Jan 2020

Employment equity reports due next week

Employers have until next Wednesday to file their employment equity (EE) online reports in line with the Employment Equity Act...

9 Jan 2020

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