“The crux of the case is about unequal treatment of persons. (Extract from judgment below) The recent High Court judgment which declared unconstitutional differences between maternity, paternity, parental, adoption and surrogacy leave has received a lot of media attention, much of it focusing on the reasons for the decision – but what has actually changed on a practical level for employers and their employees? In summary, the Court has given Parliament two years to remedy those sections of two Acts – the
“Fraud is a cancer that is crippling our country” (Supreme Court of Appeal in 2019) An all-too-common scenario in these times of high unemployment is job applicants who, desperate to be hired, lie about their qualifications on their CVs. Recent high-profile stories of fake doctors and the like are no doubt only the tip of the iceberg when it comes to this growing problem. And of course, the consequences for any business hiring such a candidate can be extremely serious. You face
“…an employment relationship is predicated on trust” (Extract from judgment below) Our courts have once again confirmed that dismissal is justified when employees lie about their state of health in order to get sick leave. A recent Labour Court case provides a perfect example. Too sick to work, but caught on TV at a protest march An employee called in sick for a few days, and to support his claim of illness produced a medical certificate of sorts (albeit a meaningless one, certifying the
South Africans employ an estimated 900,000 domestic workers. They assist us with a range of tasks that keep our homes running smoothly – from cleaning and gardening to cooking and childcare, their contributions are invaluable. However, as an employer, it is vital that you recognise and fulfill your legal obligations in order to establish a fair and lawful working relationship. Compliance with these legal requirements has become increasingly important as law enforcement authorities become more and more vigilant in ensuring adherence,
“…an employer may not require or permit an employee to work … overtime except in accordance with an agreement” (Basic Conditions of Employment Act) All employers and employees need to know of a recent Labour Court judgment holding that an instruction to work overtime in the absence of an agreement is unlawful. A lapsed overtime agreement makes dismissal unfair A company’s Site Manager instructed four employees to work overtime to meet production targets but they refused, citing safety issues on the day in
Employers and employees need to keep an eye on the annual increases in both the National Minimum Wage and the Earnings Threshold, summarised below for your convenience. Both are effective from 1 March 2023. The National Minimum Wage increase The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased by 9.6% from R23-19 to R25-42. Workers who have concluded learnership agreements in terms of the Skills Development Act are entitled to a sliding scale of allowances. Domestic workers Domestic workers were
“Oh, what a tangled web we weave when first we practice to deceive” (Sir Walter Scott, quoted in the judgment below) It’s a sad fact of life in today’s business world that as an employer you must remain constantly on guard against the dangers of “CV fraud”. First prize of course must always be prevention – verify all claimed qualifications and work experience, accept nothing on trust. But if you do get caught out, our courts will help you if they can,
Before you close up for the year, remember that if you are a “designated” employer, your Employment Equity Act (“EEA”) Report is due on 15 January 2023. Failure to comply carries substantial penalties so don’t miss this deadline. You are likely to be a designated employer if either – You have 50 or more employees, or Your annual turnover equals or exceeds your particular industry’s threshold. See the table below for details. (Source – Schedule 4 to the Employment Equity Act) There’s good news for
“For many, many people, I’m a firm believer that 60 is the new 50.” (Carolyn Aldwin, director of Oregon State University’s Center for Healthy Aging Research) As even the youngest Boomers (the generation born between 1946 and 1964) approach the “Big Sixty”, an increasing number of employees will be thinking about whether or not they want to retire. And an increasing number of employers will be wondering whether to ask them to stay on or to retire them (and if so,
“The evil in this case is the wearing of high heels as opposed to flat shoes. It is a case that pits sartorial elegance against health and safety at the workplace” (Extract from judgment below) Employers have a general duty to ensure health and safety in the workplace. But as a recent Labour Court case illustrates, policies dealing with these issues must be correctly drawn, implemented and enforced. A mine’s “no high heels” policy challenged A mining operation introduced a health and safety