The National Minimum Wage Act came into effect on 1 January 2019, and provides for, amongst others, a national minimum wage; the establishment of a National Minimum Wage Commission...
Jacques van Wyk 9 Jan 2019
Where an employer or employee fails to comply with a court order, does such failure constitute contempt of court...?
Jacques van Wyk 8 Jan 2019
In the case of Media Workers' Association of South Africa obo Hoohlo and others v SABC, the CCMA had to consider whether the employees were fairly dismissed for gross insubordination...
Jacques van Wyk 11 Sep 2018
To succeed with a claim of unfair discrimination based on an arbitrary ground, an employee would need to adduce evidence or establish link between the arbitrary ground and the differentiation complained of...
Jacques van Wyk 15 Jan 2018
Is an employer entitled to dismiss employees for refusing to undergo a polygraph test when such employees are contractually obligated to submit to a polygraph upon request by the employer and does this request amount to singling out certain employees from others who are not so contractually obliged...?
Jacques van Wyk 14 Dec 2015
In terms of section 138(1) of the Labour Relations Act 66 of 1995 (as amended) a "commissioner may conduct the arbitration in a manner that the commissioner considers appropriate in order to determine the dispute fairly and quickly, but must deal with the substantial merits of the dispute with the minimum of legal formalities"...
Jacques van Wyk 19 Mar 2015
The Minister of Labour published the Draft Code of Good Practice on equal pay for work of equal value ('Draft Code') on 29 September 2014. The Draft Code is available for public comment until 31 October 2014.
Jacques van Wyk 29 Oct 2014
Despite the allowance that dismissals for poor performance during or on the expiry of the probationary period may be based on less compelling reasons than would be required after the probationary period, the principle that dismissals must be based on fair reasons still stands.
Jacques van Wyk 4 Apr 2014
The Supreme Court of Appeal, in rejecting the decision of the Labour Appeal Court, found that the employee in this case had been unfairly discriminated against by being denied an opportunity for promotion where no other suitable candidate, aside from herself, was present for the position.
Jacques van Wyk 13 Jan 2014
Once an employee has proved that he or she was dismissed unfairly during arbitration proceedings then the arbitrator may make an order for reinstatement or compensation. However, if the employer takes the order on review to the Labour Court then the question arises whether prescription continues to run against the order while the review process is underway.
Jacques van Wyk 12 Dec 2013
Should an employer use only national demographics when setting employment equity targets or should both national and regional demographics be taken into account?
Jacques van Wyk 14 Nov 2013
Employees are often employed in terms of fixed-term contracts for the purpose of completing a specific project. If the project consists of multiple phases and employees are required to complete a specific phase rather than the entire project then this should be made clear in their contracts of employment.
Jacques van Wyk 23 Oct 2013
In such circumstances the employer will bear the onus to prove the employee was dismissed for a fair reason, unrelated to her pregnancy. The employee in turn will bear the onus of proving the dismissal arose as a result of pregnancy.
Jacques van Wyk 1 Oct 2013
When an employer seeks to rely upon data obtained from a vehicle recovery device as supporting evidence of an employee's misconduct, the employer must ensure that the data of such device is accurate and reliable.
Jacques van Wyk 26 Sep 2013
Appropriate circumstances will include instances where the employee concerned is found to have a propensity to commit acts of misconduct at convenient intervals falling outside the period of applicability of the written warnings.
Jacques van Wyk 9 Sep 2013
If an employee is genuinely sick, an employer must postpone the disciplinary enquiry. This is because it is one of the essential prerequisites of fairness and equity that the employee be afforded an opportunity to state his or her case in response to the allegations brought against him or her.
Jacques van Wyk 29 Aug 2013