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Tax Rebates Learnerships
Section 12H of the Income Tax Act provides tax incentives to employers who employ people on learnerships. Here’s how it works: 1. Learnership Agreement: The employer and the employee must enter into a registered learnership agreement with SETA (Skills Education Training Authorities) in accordance with the Skills Development Act. 2. Annual Allowance: The employer can claim…
Read MoreSEXUAL HARASSMENT & EMPLOYER VICARIOUS LIABILITY
Many employers are oblivious to their vicarious (indirect) liability in various areas of employment law, incorporating that relating to workplace harassment, including sexual harassment. It’s a real and very serious thing. The bottom line is that an employer can be subjected to the payment of extensive financial damages and fines, should they not comply with…
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…
Read MoreDID THE COMMISSIONER OVERSTEP HIS AUTHORITY?
In the case of NUM OBO MPETE AND OTHERS V MATYOLO AND ANOTHER (JR 755/2019) [2023] ZALCJHB 62 (14 MARCH 2023) the employees were dismissed in December 2017 for participating in an unprotected strike. The employees referred an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA). The dispute remained unresolved after…
Read MoreSELECTION CRITERIA: WHAT IS FAIR?
In the case of Koprindjiyska v 80 Westcliff (Pty) Ltd t/a Four Seasons Hotel (JS 994/20) [2022] ZALCJHB 325 (22 November 2022), an employee of the Four Seasons Hotel, employed as a Housekeeping Supervisor, sought an order by the Labour Court (LC) to declare her retrenchment as substantively and procedurally unfair. The employee was retrenched…
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