Posts by Belinda
Employment Equity Amendments
On Thursday, 28 November 2024, the Government Gazette published a proclamation by the President of the Republic of South Africa confirming the commencement of the Employment Equity Amendment Act 4 of 2022. The amendments will come into force on 1 January 2025. Key amendments include: Suemeya Hanif Kerry-Anne do Couto
Read MoreExtension of validity of Zimbabwean Exemption Permits
On 28 November 2024, on the eve of the expiry of Zimbabwean Exemption Permits (ZEP), Minister Leon Schreiber (Minister) extended the validity of all ZEP’s for an additional period of 12 months until 28 November 2025. The purpose of this extension is to allow the Minister to comply with the duties placed on him by…
Read MoreAlcohol at Year End Functions
During the holiday season, year-end office parties become a staple event in many companies, bringing together employees to celebrate their accomplishments. However, when alcohol is served at these functions, it introduces a set of responsibilities for employers that go beyond simply hosting a festive gathering. Managing alcohol consumption at these events is critical to ensuring…
Read MoreTHE THIN LINE BETWEEN BEING A BAD MANAGER AND A BULLY IN THE WORKPLACE
Employers and managers have a prerogative to set workplace rules and standards, including performance standards. Oftentimes managers come across as being harsh, bullish, dismissive, or overly critical in attempting to enforce certain workplace standards. It is important for employers, and their employees, to understand at what point such conduct may cross the line and be…
Read MoreDISCREPANCY BETWEEN THE CONSTITUTION AND THE BASIC CONDITIONS OF EMPLOYMENT ACT – PARENTAL LEAVE
In the matter of VAN WYK AND OTHERS V MINISTER OF EMPLOYMENT AND LABOUR (2022-017842) [2023] ZAGPJHC 1213 (25 OCTOBER 2023), the Johannesburg High Court (HC) addressed allegations of unconstitutionality in sections of the Basic Conditions of Employment Act 75 of 1997 (BCEA) concerning maternity, adoption, commissioning surrogacy, and parental leave. The primary issue was…
Read MoreFraudulent sick notes
The applicant was dismissed for submitting fraudulent medical certificates on six occasions. He argued that the dismissal was unfair due to the lack of a face-to-face hearing and claimed that he was unaware of the fraudulent medical practice. However, the commissioner found the written submission process to be fair under the LRA, and the applicant…
Read MoreRed means stop – LAC confirms appropriateness of dismissal based on totality of evidence
A recent decision by the Labour Appeal Court (LAC) in Algoa Bus Company (Pty) Ltd v Tirisano Transport and Services Workers Union (TASWU) obo Mzawi and Others considers an employer’s onus in proving the fairness of a dismissal for misconduct, particularly when it comes to the appropriateness of dismissal as a sanction. In its judgment,…
Read MoreRetrenchment and severance pay in South Africa – what employers and employees need to know
A recent Labour Court case found that some employers could be exempt from paying severance to retrenched employees if they can demonstrate that they helped secure alternative employment with a new employer. However, this is only under very specific circumstances—specifically, where the employer swiftly takes action and actively secures the new job. Legal experts at…
Read MoreUnblemished service may not save you from dismissal
In Mgaga v Minister of Justice and Correctional Services and Others [2024] 7 BLLR 699 (LAC), the employee had been employed by the Department of Correctional Services since 1985. While employed in the position of Head of Waterval Prison, an inmate was stabbed and later succumbed to his injuries. The employee was required to report…
Read MoreLabour Department raids
Bad Employers, Bad Employers, Whatcha gonna do? Whatcha gonna do when they come for you? During September 2024, the Department of Employment and Labour (“Department”) conducted over 2500 compliance raids in the hospitality sector. This spate of compliance audits was triggered by a TikTok video posted by a former waitress at Babel, a restaurant in…
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