South Africa’s new personal information laws come into force 1 July 2020

South Africa’s Protection of Personal Information Act (Popia) will finally come into force on 1 July 2020. The Act has been put into operation incrementally, with a number of sections having been implemented in April 2014. The legislation aims to promote the protection of personal information processed by public and private bodies and seeks to…

The Autonomy of the New World of Work for the Workforce after COVID-19 Malebo Maholo (SABPP – February 27, 2020)

The new world of work has afforded many professionals ranging from Baby-Boomers to Generation Y’s with a spread of options of work, while their deliverables are ascertained by their nature of work. Although countless entrants and professionals may primarily opt to work on a full-time basis in organisations, the narrative that was previously held throughout…

MINIMUM WAGES

Employers and Employees need to understand the National Minimum Wage Act. (NMWA). The first anniversary for enactment of the NMWA has long gone and by now the initiation by DEL of the inspectorate program is well underway. The legislation provides for the creation of the National Minimum Wage Commission which is charged with the responsibility…

Forced Sick Leave and 3 other things South African Employees should know about the Covid-19 Corona Virus

Law firm Webber Wentzel said that the Occupational Health and Safety Act places an express obligation on the employer to maintain a working environment that is safe and healthy. “On the issue of a healthy working environment, the employer must ensure that the workplace is free from any risk to the health of its employees…

Can an Employee Resign to Avoid Disciplinary Action?

Employers often ask about the legal rules that apply in the situation where an employee chooses to resign rather than to face a disciplinary hearing.  The starting point is that Employers are legally permitted to discipline their employees when they commit misconduct.  If found guilty thereof, the employee’s employment record will be tarnished, and it…

‘Substantively unfairly dismissed’ employees may not always be reinstated

Sections 193(1) and (2) of the Labour Relations Act list a hierarchy of remedies available to employees who are found to have been substantively unfairly dismissed in arbitration hearings. On the one hand retrospective reinstatement is a remedy limited to cases of substantively unfair dismissal.  On the other hand, identifies procedural unfairness qualifies for financial…

UIF Gears Up for Parental Leave and Benefits

On 1 November 2019, s8,11,15 and 16 of the Labour Laws Amendment Act 10 of 2018(Act) comes into effect The amendments see the much awaited implementation of parental benefits in terms of the Unemployment Insurance Act 63 of 2001 (UIA),. The Act provides that parental benefits, adoption benefits and commissioning parental benefits must be paid…

Is an employer restricted to the categorisation of the charges during the disciplinary proceedings.

Procedural fairness in disciplinary proceedings requires an employee to be made aware and understand the charges against him. This is not only to assist the employee in deciding how to plead but also to ensure that the employee understands the case he has to answer. Is an employer restricted to the manner in which the…

What Constitutes a Temporary Employment Service?

In CHEP South Africa (Pty) Ltd v Shardlow NO and Others 5 BLLR 450 (LC), 201 workers were employed by Contracta-Force Corporate Solutions (Pty) Ltd (C-Force) to repair wooden pallets on behalf of CHEP South Africa (Pty) Ltd (CHEP). The workers, claiming that C-Force was a temporary employment service (TES) (otherwise commonly known as…

No Freedom to falsely criticise your employer in the media!

In the matter of Joseph Nzimande and two others v Didben NO and Others, the applicants were dismissed for making false statements to the media, bringing the name of their employer into disrepute and failing to obey an instruction to them to raise their grievances through the recognised internal channels.