Posts by CTL Group Holdings
Extension 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 MoreThe Employment Equity Act Amendments are scheduled to take effect on January 1, 2025
The Employment Equity Act Amendments are scheduled to take effect on January 1, 2025. The amendments will introduce various changes including two more important changes being: · Sectoral numerical targets The Minister of Employment and Labour will be able to set targets for economic sectors to ensure that historically disadvantaged groups are represented equitably in…
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 More2024 EMPLOYMENT EQUITY SUBMISSION
TO ALL EMPLOYERS All designated employers must submit their 2024 EE reports between the period 1 September 2024 to 15 January 2025. Contact Charisa@ctlgroup.co.za or Erika@ctlgroup.co.za for assistance.
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 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…
Read MoreAn Arrested Employee Is Not a Get Out of Jail Free Card for the Employers
Terminating employment due to being arrested – Is this legal? Many employers believe that the employment relationship automatically ends if one of their employees is arrested or imprisoned. This assumption is based on the employee’s unavailability to return to work, and, more importantly, the trust relationship has been tarnished due to the employee’s alleged criminal…
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