The protection against self-help Employers

The Labour Appeal Court recently confirmed that an employer may not deduct or withholdany amount from an employee’s remuneration if the employee participated in an unlawfulstrike and the employer failed to implement the ‘no work no pay’ principle during the monthin which the employee did not render services. Read more

Strict new driving rules and demerit system for South Africa declared lawful (AARTO Implementation)

The Constitutional Court has declared that South Africa’s strict Administrative Adjudication ofRoad Traffic Offences (Aarto) Act is valid and constitutionally sound.On Wednesday (12 July), the Concourt ruled that the Aarto legislation is constitutionally validand thus legal, dismissing civil action group Outa’s legal challenge to the law.Outa had brought an application calling on the Concourt to…

All parents of whatever stipe: Changing the landscape of parental and maternity leave.

On 25 October 2023, that Gauteng High Court per Sutherland DJP handed down judgmentdeclaring the provisions of the Basic Conditions of Employment Act, 75 of 1997 (“BCEA”)relating to maternity-, parental-,adoption-and commissioning parental leave and the relevantprovisions of the Unemployment Insurance Act, 63 of 2001 (“UIA”) unconstitutional and invalidfor falling foul of the rights to equality…

Four-day working week trial run in South Africa

The first South African four-day work week trial took place over a period of six months fromMarch to August this year. The trial was conducted by 4 Day Week Global – an internationalnon-profit organisation that aims to promote a working environment that is focused onretaining productivity while reducing the focus on time. This is the…

Do employers need to retrench fixed-term employees at the end of their Contracts

                                                                     In the case of Dumisani Yeko v Red Mining South Deep (Pty) Ltd (LC) JS633/18 , the employer terminated the fixed-term employment of an individual after the conclusion of a tender rail contract with Gold Fields, a joint venture. The employee’s tenure was directly linked to the duration of the rail contract. Following…

COIDA Amendments

August 2023LABOUR BRIEF NO. 462 On 17 April 2023, the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 (COIDA Amendment Act), was published. The aim of the COIDA Amendment Act is to amend, substitute, insert, delete and repeal certain definitions and sections of the Compensation for Occupational Injuries and Diseases Act 130…

Minister published draft sectoral numerical targets for Comment – Solidarity lodges legal challenge to the Setting of sectoral numerical targets

July 2023LABOUR BRIEF NO. 461 This act amends the Employment Equity Act of 1998 “EEA”. One of the main objectives of the amendments introduced is to empower the Minister of Employment and Labour (Minister) to, among other things, identify and set employment equity numerical targets for each national economic sector. On Friday, 12 May 2023,…

2023 AMENDMENTS TO THE CCMA RULES

June 2023LABOUR BRIEF NO. 460 On 21 April 2023, the Commission for Conciliation, Mediation and Arbitration (CCMA) published amended Rules for CCMA proceedings (Rules). These Rules include several new additions and alterations. We highlight some of the amendments which warrant attention below. The Rules came into effect on 24 April 2023. There are also fresh…

THE EMPLOYMENT EQUITY ACT AND EMPLOYER INSPECTIONS

May 2023LABOUR BRIEF NO. 459 The 2023 amendments to the Employment Equity Act 55 of 1998 (EEA) aside, the Department of Employment and Labour (DEL) has in the recent past been active in the inspection of designated employers to monitor both general compliance with the EEA and to ensure that designated employers have prepared and…