Archive for October 2023
“ALL PARENTS OF WHATEVER STRIPE”: CHANGING THE LANDSCAPE OF PARENTAL AND MATERNITY LEAVE
On 25 October 2023, the Gauteng High Court per Sutherland DJP handed down judgment declaring the provisions of the Basic Conditions of Employment Act, 75 of 1997 (“BCEA”) relating to maternity-, parental-, adoption- and commissioning parental leave and the relevant provisions of the Unemployment Insurance Act, 63 of 2001 (“UIA”) unconstitutional and invalid for falling…
Read MoreCan a sexual harassment claim prescribe?
There is a SePedi maxim that says “Molato ga o bole’’, which is loosely translated to mean that there is no prescription for unlawful acts, regardless of the time that has passed since the unlawful act in question was committed. In LM v South African Broadcasting Corporation (SOC) Limited, the High Court had to consider whether a sexual…
Read MoreRELIGIOUS FREEDOM AND OPERATIONAL REQUIREMENTS: WHICH ONE SHOULD PREVAIL?
Culture is the sum total of the beliefs and traditions of a particular society and religion is a manifestation of culture, not the reverse.”[1] Religious and cultural belief systems go to the very core of a human being. They are interwoven with a person’s day to day living. Employers are often called upon to strike…
Read MoreDesignated Employers Beware of Phishing Emails
In today’s digital age, cyber threats have become an ever-present danger for individuals and organizations alike. Phishing emails, in particular, continue to be a common tactic used by cybercriminals to deceive unsuspecting recipients and gain unauthorized access to sensitive information. Recently, the Department of Employment and Labour issued a warning regarding a specific phishing email…
Read MoreMust an employee pay the costs for the transcribed record in a review application?
The Rules of the Conduct of Proceedings before the Labour Court (“Labour Court Rules”) require an applicant to furnish the record of the arbitration proceedings that the applicant seeks to review and set aside. This record will include, amongst other things, the transcribed record of the arbitration proceedings. It is well-established practice for litigants to…
Read MoreThe Pitfalls to Avoid During the Implementation of Fixed-Term Contracts
In terms of Section 198B(1) of the Labour Relations Act (LRA), a fixed-term contract is defined as “a contract of employment that terminates on the occurrence of a specified event, the completion of a specified task or project or which terminates on a fixed date as set out in the contract”. These types of contracts can…
Read MoreZIMBABWEAN EXEMPTION PERMITS
(ZEPS) UPDATE On 27 June 2023, the Pretoria High Court handed down a judgement declaring the decision of the Minister of Home Affairs, which terminated the Zimbabwean Exemption Permits (ZEPs), as unlawful, unconstitutional and invalid. The ZEP program, as per the court order, was consequently extended for 12 months, until end of June 2024, during…
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