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Battle of legislation: The presence of legal representation during specific arbitration
Battle of legislation: The presence of legal representation during specific arbitration

The CCMA, empowered by s115(2A)(k) of the Labour Relations Act (LRA), enacted Rule 25 in January which allows a party in an arbitration dispute to appear in person or be represented by a legal practitioner, candidate attorney or an entitled party in terms of sub-rule 1(a)...

By Hugo Pienaar and Michaela Grieve 10 Jun 2019

Amendments to Generic Codes of Good Practice on B-BBEE
Amendments to Generic Codes of Good Practice on B-BBEE

On 9 April 2019, the Minister of Trade and Industry signed four amendments to the Amended Generic B-BBEE Codes of 2013 (Codes). These amendments were gazetted last Friday and will come into effect on 31 November 2019...

By Adam Ismail, Candice Meyer and Safiyya Patel 5 Jun 2019

Why 'forgetting' simple tasks may add up to gross insubordination
Why 'forgetting' simple tasks may add up to gross insubordination

In a recent case, the Labour Court was called to decide whether an employee's failure to adhere to an instruction to copy her line manager in her emails warranted a dismissal...

By Thabang Rapuleng and Tamsanqa Mila 30 May 2019

Why speaking ill of your employer in public may get you fired
Why speaking ill of your employer in public may get you fired

In the recent matter, Ndzimande and Others v Didben N.O and Others (2 April 2019), the Labour Court considered the dismissal of three employees who made disparaging statements about their employer on public radio...

By Kirsten Eiser and Shane Johnson 23 May 2019

What are transport services "rendered by the employer"? Sars clarifies...
What are transport services "rendered by the employer"? Sars clarifies...

To assist employers and employees with overcoming transport-related difficulties, the Income Tax Act introduced a mechanism to allow employers to provide transport services to their employees and that, although qualifying as a taxable fringe benefit in the employees' hands, no taxable value was given to such benefit...

By Wesley Grimm, assisted by Sergio dos Santos 16 May 2019

Have your say on draft B-BBEE sector code
Have your say on draft B-BBEE sector code

The public can have their say on the draft Broad-Based Black Economic Empowerment (B-BBEE) Chartered Accountancy Sector Code...

15 May 2019

Bus drivers have retained the right to strike following a ruling by the Essential Services Committee. Archive photo: Ashraf Hendricks/GroundUp
Transport is not an essential service, committee finds

The Essential Services Committee (ESC) has denied an application by the National Black Consumer Council to declare public transport an essential service...

By Zoë Postman 10 May 2019

Evolution of employee leave - from paternity to pawternity
Evolution of employee leave - from paternity to pawternity

The Basic Conditions of Employment Act (BCEA) offers clear guidelines regarding employee leave, however employers also need to be aware of emerging trends among progressive businesses, the latest being pawternity leave...

9 May 2019

To be or not to be: In writing
To be or not to be: In writing

In the recent case of Numsa obo Nomanyane and another v Grupo Antolin (Pty) Ltd, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.

By Aadil Patel 7 May 2019

Harvesting attention capital and reducing the risks of the frictionless workplace
Harvesting attention capital and reducing the risks of the frictionless workplace

The evolution of the flexible age means that the business world is desperate to eliminate friction, seeking to remove any obstacles that stand in the way of maximising customer satisfaction, attracting the best talent and improving operational efficiency. This desire for a frictionless environment, however, has given rise to new challenges...

By Johan Botes 30 Apr 2019

Lonmin case shows how hard it is to hold mines to account
Lonmin case shows how hard it is to hold mines to account

In February, the North West High Court rejected the application from the Mining Forum of South Africa, representing the Bapo-Ba-Mogale community, to declare the minister responsible for mineral resources in breach of his statutory obligation...

By Wilmien Wicomb 26 Apr 2019

Too scared to come to work: Unauthorised absence after a strike
Too scared to come to work: Unauthorised absence after a strike

Strikes are frequently characterised by violence and non-striking employees are often apprehensive to report for duty, but can such employees be dismissed simply for failing to report for duty during such times...?

By Fiona Leppan and Merrick Steenkam 26 Apr 2019

No matter the colour of your collar, #MindYourBusiness
No matter the colour of your collar, #MindYourBusiness

A recent study by Columinate reveals that nearly 30% of South African women have been victims of unwanted sexual advances in the workplace - 57% from peers and 26% from superiors, the very people employees look up to for leadership and inspiration...

25 Apr 2019

Former Sasol Coal miners claim more than R80 million for coal-related illnesses
Former Sasol Coal miners claim more than R80 million for coal-related illnesses

Twenty-two former underground miners are claiming more than R80 million in damages from Sasol Coal after they contracted serious lung and other diseases as a result of years of inhaling coal dust while working in underground coal mines...

By Ciaran Ryan 25 Apr 2019

My prospective employer did what?
My prospective employer did what?

In February, the Department of Public Services and Administration Minister released a media statement, allowing for the inclusion of a social media check when reference checking prospective government employees...

By Tracy Robbins and Julia Olley 23 Apr 2019

Temps still need to fight for permanency
Temps still need to fight for permanency

Despite the Constitutional Court ruling on Temporary Employment Services (TES) of placed workers being deemed employees of the client, employees should not have an automatic expectation of being transferred onto the books of the client...

17 Apr 2019

Tackling the Big Fish
Tackling the Big Fish

In Big Catch Fishing Tackle Pty Ltd and Others v Justin Miles Kemp and Others (2019), De Waal AJ dismissed the application instituted for interim relief, with costs against the second to fifth applicants, on the basis that the applicants had not made out a case that they would suffer irreparable harm if the interdict was not granted...

By Dean Joffe, overseen by Ashlin Perumall 16 Apr 2019

Taking your high from home to work
Taking your high from home to work

Since the Constitutional Court declared the private use of cannabis legal, employers have been required to consider how best to deal with the effects of personal cannabis use in the workplace...

By Nadine Mather and Amy Gerson 11 Apr 2019

Impimpi Alive - whistleblowing system for minimum wage defaulters
Impimpi Alive - whistleblowing system for minimum wage defaulters

The DOL has developed a new system that will allow employees to report companies that fail to comply with the National Minimum Wage Act...

By Jacques van Wyk 10 Apr 2019

Shedding some light on an employer's obligations during load shedding
Shedding some light on an employer's obligations during load shedding

It is no secret that the intensified load shedding has had a devastating economic effect on many companies. Without electricity, many businesses cannot function, and in those instances, employees are unable to work...

By Aadil Patel and Dylan Bouchier 8 Apr 2019

How to make the digital world work for your business
How to make the digital world work for your business

We frequently hear terms such as the 'digital workplace', the 'internet of things', 'automation in the workplace' and the 'future world of work' bandied about. But what does all of this mean for your business...?

By Rosalind Davey 4 Apr 2019

Sars seeks CCMA intervention in wage dispute
Sars seeks CCMA intervention in wage dispute

The South African Revenue Service (Sars) recently met with labour unions in an effort to resolve the salary increment impasse at the revenue collector...

27 Mar 2019

Judgment on employee suspension doesn't mean employers are in the clear
Judgment on employee suspension doesn't mean employers are in the clear

Despite a recent Constitutional Court judgment easing the burden on employers when dealing with precautionary suspension, a legal expert warns that employers can still be found guilty of committing an unfair labour practice...

25 Mar 2019

Neal Froneman, CEO, Sibanye-Stillwater
Sibanye's wage agreement extension to Amcu is valid, court says

The Labour Court has declared that the extension of the gold wage agreement reached by Sibanye-Stillwater with the NUM, UASA and Solidarity to Amcu and other non-unionised employees is valid and lawful...

20 Mar 2019

Immigration lawyer's arrest puts a spotlight on illegal work permits in SA
Immigration lawyer's arrest puts a spotlight on illegal work permits in SA

TimesLive recently reported that prominent Cape Town immigration lawyer, Craig Smith, had been arrested for allegedly duping the Department of Home Affairs into granting visas to his clients...

14 Mar 2019

Right to strike, but what about responsibility during a strike?
Right to strike, but what about responsibility during a strike?

South African industrial action has become synonymous with violent, unlawful conduct, as was discussed in the recent case of Association of Mineworkers & Construction Union & Others v KPMM Road & Earthworks (31 October 2018)...

By Sanelisiwe Nyasulu 14 Mar 2019

National Minimum Wage defaulters warned
National Minimum Wage defaulters warned

Government has reiterated its commitment to clamp down on the growing practice of deliberately dodging labour laws, especially the National Minimum Wage (NMW) Act...

13 Mar 2019

Construction Indaba to look into regulations compliance
Construction Indaba to look into regulations compliance

The Department of Labour will on Thursday host a Construction Indaba that will bring together industry role-players to discuss construction regulations compliance in the country...

12 Mar 2019

Risks of the virtual workplace and how to minimise them
Risks of the virtual workplace and how to minimise them

More and more businesses are expanding into a virtual world, which has advantages for employers and employees alike, but challenges and risks too...

By Rosalind Davey 7 Mar 2019

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