Posts by Belinda
Dispute settlement agreement at CCMA rendered restraint of trade annulled
The Labour Appeal Court had to determine whether a settlement agreement concluded at the CCMA, extinguished the rights of the employer in so far as it related to a restraint of trade agreement. The restraint agreement provided as follows: 1. In the event of the termination of my employment with the COMPANY for any reason…
Read MoreTake care before you share: The dangers of social media use in the workplace
Advancements in technological gadgets such as smart phones and laptops, as well as the recent breakthroughs made with artificial intelligence, have undoubtedly made our lives easier by enabling us to access information seemingly at the speed of light. Furthermore, social media platforms such as Facebook, Instagram and X (formerly Twitter) have enabled users to connect…
Read MoreIs it unfair to dismiss employees who reject vertical bumping?
In Porter Motor Group v Karachi (“Karachi”), the Labour Appeal Court (“LAC”) set out the principles of bumping in retrenchments. It held that the Last In First Out (“LIFO”) principle is considered a fair selection method as it prioritises those employees who have served the employer for a longer period of time. It also accepted the principle…
Read MoreEarnings Threshold R 254371,67 per year
The earnings threshold impacts the application of provisions of the Basic Conditions of Employment Act, 1997 (BCEA), the Labour Relations Act, 1995 (LRA) and the Employment Equity Act, 1998 (EEA). In terms of the BCEA, employees earning in excess of the earnings threshold are excluded from the provisions, which regulate ordinary hours of work, overtime,…
Read MoreELECTION DAY 2024
The upcoming Election Day on Wednesday, 29 May 2024, has been declared a public holiday throughout the Republic of South Africa. Employers are reminded that it should be treated the same as any other public holiday. For most employees (i.e., those who work a regular week), Election Day would otherwise have been an ordinary working…
Read MoreEXTENSION OF BARGAINING COUNCIL: FAST FOOD, RESTAURANT, CATERING AND ALLIED TRADES TO NON-PARTIES
The Bargaining Council for the Food Retail, Restaurant, Catering & Allied Trades previously known as the Bargaining Council for the Tearoom, Restaurant & Catering Trade, Pretoria, has been registered since September 1941. Their primary function is to regulate relations between management and labour and to settle disputes between parties. The main agreement will amongst other…
Read MoreUnfairly barred from employment because of a criminal record
Individuals with a criminal record may be faced with significant challenges when seeking employment. In South Africa, employers may legally exclude an applicant from consideration for LexisNexis. As part of the recruitment process, LexisNexis required Mr O’Connor to declare whether he had ever been criminally charged. Mr O’Connor confirmed that he had been convicted, but…
Read MoreDISCRIMINATION
Since the decriminalisation of the cultivation, possession and use of cannabis for private purposes, there have been several cases in which employees have challenged their employers regarding the banning or restriction of cannabis. The Labour Court recently considered a case of alleged discrimination for religious reasons. · In 2018, the Constitutional Court (CC) decriminalised the cultivation,…
Read MoreLabour inspections are on the rise!
The Department of Labour is cracking down on businesses not complying with the latest regulations. Non-compliance can lead to hefty fines, business closure, and even legal trouble. Stay compliant and avoid these risks by ensuring that all required Legal Charts are displayed. These include: · Basic Conditions of Employment Act: Covers the new earnings threshold and environmental regulations. · Employment Equity…
Read MoreMisconduct in the workplace: Managing labour relations
Recent rulings in cases such as Mondry Ngobeni and 51 Others v Interspray Durban CC [2024] JS739-18 (LC) and SARS v CCMA [2024] JR 2223-20 (LC) offer valuable insights for employers navigating the complexities of labour relations and misconduct. The Mondry case In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for employees,…
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