Posts by Belinda
HARASSMENT: THE CODE OF GOOD PRACTICE AND VICARIOUS LIABILITY
AMATHOLE DISTRICT MUNICIPALITY V COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION AND OTHERS (PA9/2018) [2022] ZALAC 119 (10 NOVEMBER 2022) The employee was employed by the employer stationed at Nxuba Municipality. In February 2015, Mr. F, who was also an employee of the employer, was transferred to Nxuba Municipality. Because of the limited office space, Mr.…
Read MoreIs any agreement capable of enforcement under the Labour Relations Act
Under section 158(1)(c) of the Labour Relations Act 66 of 1995 (LRA), the Labour Court has jurisdiction to, inter alia, make an arbitration award or any settlement agreement an order of court. Over the years, there has been much debate and conflicting judgments on whether a wide or narrow interpretation of “any settlement agreement” should…
Read MoreEARNINGS THRESHOLD
As of 1 April 2024, South Africans will see the implementation of the increased annual earnings threshold determined by the Minister of Employment and Labour (Minister) in the amount of R254,371.67. This represents an increase of R13,261.08 from the previous amount of R241,110.59, which has been in effect since 1 March 2023. The earnings threshold…
Read MorePublic Holiday 29 May 2024
The Office of the President has confirmed that in terms of section 49(2) of the Constitution, read with section 17 of the Electoral Act 73 of 1998, President Cyril Ramaphosa has proclaimed Wednesday, 29 May 2024 as the date for South Africa’s general national and provincial elections. For this purpose, the President has also declared…
Read MoreMinister republishes regulations for EE Sector Targets
On Friday, 12 May 2023, the Minister published the draft five-year sectoral numerical targets for the identified national economic sectors allowing interested parties 30 days to comment. After publication and after the 30 days allowed for comment, there was much comment on the draft numerical targets. On the face of it, the republished regulation furnishes…
Read MoreSubstantive fairness in dismissal
National Union of Metalworkers of South Africa obo Mvotyo / Transnet Freight Rail – Eastern Cape – (2024) 33 TBC 8.18.1 also reported at [2024] 1 BALR 12 (TBC) Subject matter classification:Dismissal – Substantive fairness – Misconduct – Gross insubordination – Employee dismissed for repeatedly refusing to undergo substance abuse test – Dismissal fair. Mini Case Summary:The…
Read MoreThe proposed National Minimum Wage hike for 2024
The National Minimum Wage (NMW) Commission recommends a CPI plus 3% for 2024 but is sitting with another two proposals as it invites further suggestions from interested parties for the year ahead. The NMW Commission has published a report in the government gazette to present the Commission’s information and recommendations on the annual review of…
Read MoreAgency shop agreements and the principle of fairness
In the recent case of Association of Mineworkers and Construction Union v UASA (Formerly named the United Association of South Africa) and Others [2023] 11 BLLR 1134 (LAC) the Labour Appeal Court (LAC) considered whether members of a minority union that is a bargaining agent recognised within a bargaining council should be liable for the payment of agency…
Read MoreHow to conduct an efficient misconduct investigation in the workplace
Item 4(1) of schedule 8 (Code of Good Practice: Dismissal) of the Labour Relations Act (“The LRA”) 66 of 1995 provides that the employer should conduct an investigation to determine whether there are grounds for dismissal. When allegations of misconduct arise within a workplace and are brought to the attention of Management, it is advisable…
Read MoreLABOUR COURT JUDGMENT SENDS A STRONG MESSAGE TO UNIONS AND CCMA COMMISSIONERS AHEAD OF THE NEW YEAR
In one of the first reportable judgments of 2024, SAA v NUMSA & SACCA, the Labour Court has sent a strong message to Unions which litigate in the Commission for Conciliation, Mediation and Arbitration (“CCMA”) and CCMA Commissioners who consider preliminary issues in the CCMA. Background Facts During December 2019, SAA was placed in voluntary business rescue, as…
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