Employment and Labour Law

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

“… the [employer], in light of its dangerous environment, is entitled to discipline and dismiss any employee who uses cannabis or is under the influence whilst at work in contravention of its policy. Unfortunately, the Constitutional Court judgement does not offer any protection to employees against disciplinary action should they act in contravention of company policies.” (Extract from judgment below) The Constitutional Court’s limited legalisation of personal cannabis use in private seems to have lulled some employees into a false sense

“Signs of the “Great Resignation” are rippling across South Africa” (Business Insider report, 22 April 2022) The global pandemic-induced “Great Resignation” trend is upon us, and both employers and employees need to be aware of how our law views the whole question of employee resignation. A recent Labour Court decision gives some valuable guidance – The sick employee who tried to withdraw his resignation after a “miraculous” recovery The Deputy Financial Officer of a municipality under administration tendered in writing his immediate resignation from

“The criterion that harassment involves unwanted conduct distinguishes acts of harassment from acceptable conduct in the workplace” (extract from the Code, emphasis added) With effect from 18 March 2022, a new “Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the Workplace” came into effect. Every employer and employee should know about it. The new Code has replaced the old “Code of Good Practice for the Handling of Sexual Harassment Cases in the Workplace”. It is much wider in every way