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NATIONAL MINIMUM WAGE INCREASE

Amendments to the National Minimum Wage Act were published in the Government Gazette on 8 February 2021. The increases in the National Minimum Wages are applicable with effect from 1 March 2021. The new minimum rate (including farm workers) is R21.69 per hour / R867.60 per week and R3 470.40 per month depending on the [...]

Mar 9th, 2021|Categories: Labour Law, National Minimum Wage|

Drugs in the workplace – positive or under the influence?

Since the Constitutional Court decriminalized the use and cultivation of cannabis for personal on 18 September 2018 many traditional thoughts practices, rules and policies in workplaces have been reconsidered or challenged. The year end is almost upon us and with that the challenges that the silly season normally provides, one of which may be the use of [...]

Dec 2nd, 2020|Categories: Labour Law|

Depression: misconduct and ill-health

The Labour Appeal Court in the matter of Legal Aid South Africa vs Ockert Jansen (2018) 39 ILJ 2024 (LC) considered the impact of depression on an employee who was disciplined for acts of misconduct. The facts of the matter are essentially the following: Mr Jansen was employed as a paralegal in the George Justice [...]

Oct 5th, 2020|Categories: Civil Law, Commercial Law, Labour Law|

WHAT HAPPENS IF THE CCMA FAILS TO APPOINT A FACILITATOR IN A RETRENCHMENT DISPUTE?

The CCMA, along with almost every other organisation has been negatively impacted by the COVID-19 pandemic.  At the same time there have been an influx of disputes referred to the CCMA, especially retrenchment based dismissals.  The Labour Court in the matter of SATAWU vs IKAPA COACHES (A DIVISION OF CULLINAN HOLDINGS LTD (currently unreported judgement under case [...]

Sep 8th, 2020|Categories: Covid-19 South Africa, Labour Law|

VIOLENCE AND HARASSMENT AT WORK IN THE SPOTLIGHT

Workplaces around the world are plagued by incidents of harassment, bullying and even violence within the workplace. Unfortunately, many incidents of harassment and bullying are never brought the attention of employers due to the inherently private nature of many of these violations. As a result this area of the law has seen limited results in [...]

Aug 26th, 2020|Categories: Labour Law|

EMPLOYMENT EQUITY ACT AMENDMENT BILL 2020

The Department of Employment and Labour published the Employment Equity Amendment Bill, 2020 on 20 July 2020. The Bill has 4 main aims: Empowering the Minister of Labour to set numerical targets for representation of black people, women and disabled employees within the different levels of employment in the workplace. Improvement of administration. Enabling testing [...]

Jul 21st, 2020|Categories: Civil Law, Commercial Law, Labour Law|

LABOUR COURT JUDGEMENT ON VIRTUAL RETRENCHMENT CONSULTATIONS VIA ZOOM

  The COVID-19 crisis in South Africa has resulted in dramatic changes in employment relationships. Many companies are forced to consider restructuring or retrenching staff in order to survive. COVID-19 has made conducting face to face retrenchment consultations impossible in some cases or in others very difficult due to the lockdown and the risks at [...]

Jun 12th, 2020|Categories: Covid-19 South Africa, Labour Law|

COVID-19 DIRECTIVE: WORKPLACE SAFETY

During the COVID-19 crisis there have been many different regulations published in an attempt to reduce the risk of exposure and transmission of COVID-19. The Minister of Employment and Labour has also published a directive specifically focusing on COVID-19 in the workplace. The Occupational Health and Safety Act imposes a general duty on all employers [...]

Jun 12th, 2020|Categories: Covid-19 South Africa, Labour Law|
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