November 2022LABOUR BRIEF NO. 455 Concerning the revision of the “Harassment Law” (not necessarily sexual harassment), this newly published legislation as discussed in the report of August 2022, as being enacted to be inclusive legislation in that it contains provisions which refer to the Employment Equity Act 55 of 1998, the Labour Relations Act 66…
Compliance Failure is a Risk to Your Business
We have noticed an increase in workplace inspections across the country and a number of Employers being issued with non-compliance orders for various reasons. Mega Blitz inspections are formed by various DoEL teams “flooding” identified areas. The national multi-stakeholder Mega Blitz inspections started in the later part of 2020 in the Eastern Cape and the…
Do employers need to retrench fixed-term employees at the end of their contracts?
October 2022LABOUR BRIEF NO. 454 In Dumisani Yeko v Red Mining South Deep (Pty) Ltd (LC) JS633/18 , the employer dismissed the fixed-term employee following the termination of the tender rail contract awarded to it by…
“Keep off the grass – Regards, Management” Insight into the private use of cannabis and consequences thereof in the workplace
September 2022LABOUR BRIEF NO. 453 In September 2018 the Constitutional Court dramatically altered the legal position relating to the consumption of cannabis by adult persons in their private capacity in the well-known case of Minister of Justice and Constitutional Development and Others v Prince (Clarke and Others Intervening); National Director of Public Prosecutions and Others…
SA Government’s “tight rope” viewpoint on TES
August 2022LABOUR BRIEF NO. 452 Although South Africa is a country more industrialised than any of its fellow African counterparts, it nevertheless currently possesses record-high unemployment rates. According to Trading Economics, South Africa’s 2021 third quarter 34.90% unemployment rate is the “highest jobless rate since comparable data began in 2008.” It is a tough juggling…
Can a retrospective amendment of a retirement fund rule impact accrued Benefits?
July 2022LABOUR BRIEF NO. 451 For a long time, it was believed that the effect of a retrospective rule amendment to benefits that had accrued before the amendment was approved and registered by the Registrar of Pension Funds (Registrar) was settled in our law. The decision of the Supreme Court of Appeal (SCA) in Municipal…
Employment contract automatically terminated? Not so fast…
June 2022LABOUR BRIEF NO. 450 In Mashabela v Octaves Security Services 31 CCMA 7.1.9, also reported as 4 BALR 393 (CCMA), Mr Motshele Lawrence Mashabela (applicant), who was employed as a security supervisor – without a written contract of employment – by Octaves Security Services (respondent), referred an unfair dismissal dispute to the…
Webinar: National Labour Migration Policy Overview
Presented by: Natalie Singer – Senior Consultant at Global Business Solutions and John Botha – CEO of Global Business Solutions Held on the 11th of May 2022 and hosted by the TESD, the webinar focused on the the issue of foreign national employment which has been a burning issue for many stakeholders. The recently published…
Violence and harassment in the workplace – Beyond sexual harassment
LABOUR BRIEF NO. 448 The Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the Workplace (the Code) became effective on 18 March 2022. While there have been moves from the legislature to combat violence and harassment in the workplace, in many respects, the South African legislative framework was seen…
SA Government’s “Tight Rope” Viewpoint on TES
Although South Africa is a country more industrialised than any of its fellow African counterparts, it nevertheless currently possesses record-high unemployment rates. According to Trading Economics, South Africa’s 2021 third quarter 34.90% unemployment rate is the “highest jobless rate since comparable data began in 2008.” It is a tough juggling act between offering employment opportunities,…