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2020 EE Report submissions open
2020 EE Report submissions open

Employment Equity (EE) report submissions are now open and will run from 1 September 2019 to 15 January 2020. Failure to comply will see fines ranging from 2 - 10% of a company's turnover...

12 Sep 2019

When completion of probation doesn't automatically mean permanent placement...
When completion of probation doesn't automatically mean permanent placement...

Is an employee considered permanent at the end of the probation period if the employment contract requires such confirmation and the employer does not explicitly verify permanency?

By Jacques van Wyk 12 Sep 2019

Labour investigates trucking industry employment complaints
Labour investigates trucking industry employment complaints

The Department of Employment and Labour has conducted inspections in the road freight and logistics industry amid complaints that South African drivers were losing out due to truck companies employing foreign nationals...

11 Sep 2019

Not in my name - gender violence in the workplace
Not in my name - gender violence in the workplace

Employers can play a critical role in stigmatising violence against women and ensuring that perpetrators are ostracised from civilised society. No employer should have any doubt about its ability to dismiss any employee who assaults a female colleague, client or supplier...

By Johan Botes 10 Sep 2019

From #MeToo to #AmINext: How to address gender-based sexual violence in the workplace
From #MeToo to #AmINext: How to address gender-based sexual violence in the workplace

Earlier this week, #AmINext flooded social media as women in South Africa drew attention to the magnitude of gender-based sexual violence, rape and murder taking place throughout the country...

By Nadine Mather and Lusanda Raphulu 5 Sep 2019

Testing for cannabis in the workplace: Is zero tolerance justifiable?
Testing for cannabis in the workplace: Is zero tolerance justifiable?

Given that the Constitutional Court's Prince judgment does not deal with the effects of the decriminalisation of cannabis in the workplace, many unanswered employment related questions emerge which we set out below...

By Lizle Louw and Shane Johnson 26 Aug 2019

Should reinstatement always be awarded after unfair dismissal?
Should reinstatement always be awarded after unfair dismissal?

The Labour Appeal Court recently had to consider whether reinstatement must always be awarded where a dismissal is found to be substantively unfair, in the case of Afgen (Pty) Ltd v Ziqubu (2019)...

By Jacques van Wyk 14 Aug 2019

Brits farmers, retailers slapped with labour penalties
Brits farmers, retailers slapped with labour penalties

Farmers, retailers and operators in the hospitality sector in Brits, North West, have been slapped with labour penalties following a two-day blitz inspection by the Employment and Labour Department...

12 Aug 2019

Wholesale & retail sector minimum wage rates amended
Wholesale & retail sector minimum wage rates amended

Employment and Labour Minister Thulas Nxesi has announced amendments in the wholesale and retail sector wages for employees earning above the National Minimum Wage (NMW) Act rates...

7 Aug 2019

Department of Labour to conduct inspections in Brits
Department of Labour to conduct inspections in Brits

The farming, wholesale and retail sectors in Brits in the North West will be under the spotlight this week when labour inspectors visit the area...

6 Aug 2019

Retrenchment is not an opportunity to eliminate dead wood
Retrenchment is not an opportunity to eliminate dead wood

With the unemployment rate of economically active South Africans once again rising, and media reports filled with job cuts across industry sectors, companies need to be cognisant of any potential retrenchment mistakes to avoid...

5 Aug 2019

Will the Labour Court enforce an employee claim against a company in business rescue?
Will the Labour Court enforce an employee claim against a company in business rescue?

The Labour Court recently ruled on whether employees may approach said court to enforce a claim against a company under business rescue proceedings...

By Jacques van Wyk 1 Aug 2019

Sars suspends three executives
Sars suspends three executives

The South African Revenue Service (Sars) has suspended three senior executives who face disciplinary action over serious misconduct allegations...

1 Aug 2019

What are the new 'essential services'?
What are the new 'essential services'?

Essential services refer to those services that, if interrupted, would endanger the life, personal safety or health of the whole or any part of the population. Once a service is declared as an essential service, employees working in such services may not engage in strike action...

By Kenneth Coster and Shane Johnson 31 Jul 2019

How to deal with depression in the workplace
How to deal with depression in the workplace

The World Health Organisation estimates that around 300 million people across the globe suffer from depression. This has become the leading cause of disability worldwide. It is evident that there are many reasons why employers need to be equipped to deal with depression at the workplace...

By John Botha 29 Jul 2019

Can unions claim organisational rights after recruiting ineligible members?
Can unions claim organisational rights after recruiting ineligible members?

For the purposes of being awarded organisational rights, is a trade union allowed to include employees who are not eligible to be members in terms of its constitution...?

By Jacques van Wyk 25 Jul 2019

Could the CCMA see more legal representation in future?
Could the CCMA see more legal representation in future?

It is well-known that in terms of the Rules for the Conduct of Proceedings before the CCMA, a legal representative is not permitted to represent a party in disputes pertaining to dismissals for misconduct or incapacity. However, recent developments may change this...

24 Jul 2019

The balancing act: Employer/employee reciprocal duty of good faith
The balancing act: Employer/employee reciprocal duty of good faith

A number of years ago, Dunlop Mixing and Technical Services dismissed 65 employees due to the violence which occurred during a month-long strike. Seven years later, the Constitutional Court declared the dismissals unfair...

By Tracy Robbins and Julia Olley 23 Jul 2019

3 steps towards 'glass boxing' your company with a Biz Press Office
3 steps towards 'glass boxing' your company with a Biz Press Office

Since 2001, Bizcommunity anticipated the role of company culture as intellectual capital. Biz Press Offices are a "glass box" game changer, offering a window into 18 industry communities...

Issued by Bizcommunity.com 23 Jul 2019

Potential jail time on the cards for CV fraudsters
Potential jail time on the cards for CV fraudsters

While the thought of someone having slightly embellished their CV within most industries doesn't seem too far-fetched, in some cases, the fabrications have been so extreme that companies have suffered severe losses due to subsequently hiring employees who were not equipped to handle the required tasks...

18 Jul 2019

Image source: Getty/Gallo
When do the parental, adoption and commissioning parental leave kick in?

The Labour Laws Amendment Act (LLAA) and the Unemployment Insurance Amendment Act make provision for parental, adoption and commissioning parental leave, but when do these come into effect?

By John Botha 11 Jul 2019

Partnering for decent work - 32nd Annual Labour Law Conference
Partnering for decent work - 32nd Annual Labour Law Conference

With South Africa's sixth national and provincial democratic elections just completed where the rights of workers and service delivery were top of mind in electioneering messages, this year's theme for the Annual Labour Law Conference - Partnering for decent work - could not be more relevant...

Issued by The Conference Company 8 Jul 2019

Prasa executive fired after internal probe
Prasa executive fired after internal probe

Passenger Rail Agency of South Africa (Prasa) company secretary Lindikaya Zide has been dismissed after an internal probe found him guilty of "maladministration and contravention of company policy"...

By Ashraf Hendricks 4 Jul 2019

If best candidate declines the job, is second best entitled to be appointed?
If best candidate declines the job, is second best entitled to be appointed?

In the arbitration between the National Union of Mineworkers obo Donald Andile Mchunu v Tronox Mineral Sands, the Commissioner had to decide whether the applicant, the second best candidate, was entitled to be appointed to a vacant position because the best candidate declined the offer.

By Jacques van Wyk 2 Jul 2019

Can you still discipline an employee after they resign with immediate effect?
Can you still discipline an employee after they resign with immediate effect?

Employees often resign with immediate effect when facing disciplinary action, leaving employers unsure of whether they can continue with an intended disciplinary action...

By Lizle Louw and Dumisani Ndiweni 1 Jul 2019

Employees at luxury guesthouse win unfair dismissal case
Employees at luxury guesthouse win unfair dismissal case

"I ran the guesthouse like it was my own place for 15 years ... Now I'm unemployed and soon to be homeless," says Katrina Zwanota, the former manager of theLAB Lifestyle guesthouse outside Robertson, Western Cape...

By Barbara Maregele 27 Jun 2019

Can false allegations be grounds for dismissal?
Can false allegations be grounds for dismissal?

In the recent case of Numsa obo Baloyi and Others v O-Line (2019), the Commission for Conciliation, Arbitration and Mediation (CCMA) had to determine whether an employee who makes a false allegation of racism against another employee can be dismissed...

By Jacques van Wyk 24 Jun 2019

Employers get lessons on NMW Act
Employers get lessons on NMW Act

The Inspection and Enforcement Services (IES) will meet with the Chinese business community in the North West - on the implementation of the National Minimum Wage Act (NMW)...

19 Jun 2019

Legal remedies and recourse for workplace bullying
Legal remedies and recourse for workplace bullying

South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights to not be unfairly dismissed, and to not be subject to unfair labour practices...

By Bradley Workman-Davies 18 Jun 2019

A win for domestic employees in South Africa
A win for domestic employees in South Africa

According to the International Labour Organisation, there is an estimated 1.1 million domestic employees in South Africa working in private households...

By Fiona Leppan and Mayson Petla 13 Jun 2019

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