Sick leave issue

Interesting approach in terms of medical certificate. Especially pertaining to where employee informs the doctor that he/she was unfit. Section 22 of the Basic Conditions of Employment Act stipulates that: (a) An employee’s commencement of employment; or (b) The completion of that employee’s prior sick leave cycle. 2.  During every sick leave cycle, an employee…

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SMOKING IN THE WORKPLACE

The Tobacco Products Control Act provides for the protection of non-smokers – it does not provide any benefit or protection for smokers. In addition, smoking in the workplace is not regulated by Labour Law but only by the above-mentioned Act.  In terms of this Act, the employer is obliged to take steps to protect his…

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 New smoking laws for South Africa are back

After lapsing at the end of the previous administration, the Control of Tobacco Products and Electronic Delivery Systems Bill has been revived by Parliament for further processing. Now sitting in Parliament and on the agenda of the seventh administration, the Bill was first introduced in the National Assembly back in December 2022. According to the…

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 Misconduct in the Workplace

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. Mondry case In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for…

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Retrenchment without a Section 189(3) Notice found to be fair

Section 189(1) of the Labour Relations Act (“LRA”) requires that if an employer contemplates dismissing one or more employees due to operational requirements, they must consult with the relevant parties as outlined in the section. Section 189(3) then requires that the “employer must issue a written notice inviting the other consulting party to consult with…

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UIF and COIDA for Domestics

By law, all domestic employers who employ any domestic worker in their household for 24 hours or more per month need to register them with the Unemployment Insurance and Workmen’s Compensation Funds (UIF Act and COIDA). By domestic worker, we mean a cleaner, gardener, driver, nanny, au pair, or caregiver looking after the sick, elderly,…

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5 YEAR – MULTI YEAR WAGE AGREEMENT

The concept of multi-year wage agreements seems to be gaining traction in most industries. CTL, with valuable input and assistance from senior executives, has on behalf of a major player in the tyre industry and in negotiation with a major union being CEPPWAWU, negotiated and concluded a 5-year wage agreement. The negotiated wage year agreement…

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IT HAS BEEN THREE YEARS SINCE THE COMMENCEMENT OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (POPIA) 

AND  “SA FIRMS ‘BLATANTLY’ NOT ADHERING TO POPIA“ –(inforeg) 10 JUL 2024, 11:44 The purpose of the Act is to ensure that all South African institutions conduct themselves in a responsible manner when collecting, processing, storing and sharing personal information (information include but is not limited to employee, clients, customers, members and supplier information).   Special personal…

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