DON’T GET FINED OR FACE CRIMINAL SANCTION. ENSURE YOU ARE COMPLIANT
There are health and safety regulations and requirements that every organisation, employer, and employee needs to adhere to and comply with, as stated in the Occupational Health and Safety (OHS) Act 85 of 1993.The Occupational Health and Safety Act (OHS) 85 of 1993 is the law that seeks to protect the well-being and health and…
Read MoreUnfairly barred from employment because of a criminal record
Individuals with a criminal record may be faced with significant challenges when seeking employment. In South Africa, employers may legally exclude an applicant from consideration for LexisNexis. As part of the recruitment process, LexisNexis required Mr O’Connor to declare whether he had ever been criminally charged. Mr O’Connor confirmed that he had been convicted, but…
Read MoreDISCRIMINATION
Since the decriminalisation of the cultivation, possession and use of cannabis for private purposes, there have been several cases in which employees have challenged their employers regarding the banning or restriction of cannabis. The Labour Court recently considered a case of alleged discrimination for religious reasons. · In 2018, the Constitutional Court (CC) decriminalised the cultivation,…
Read MoreLabour inspections are on the rise!
The Department of Labour is cracking down on businesses not complying with the latest regulations. Non-compliance can lead to hefty fines, business closure, and even legal trouble. Stay compliant and avoid these risks by ensuring that all required Legal Charts are displayed. These include: · Basic Conditions of Employment Act: Covers the new earnings threshold and environmental regulations. · Employment Equity…
Read MoreEMPLOYING A DOMESTIC WORKER? HERE ARE YOUR RESPONSIBILITIES
If you employ a domestic worker (regardless of the hours) you are an employer and therefore legally compelled to register with and contribute to certain funds. 1. Compensation Fund All employers of domestic workers must register with the Compensation Fund. The term “domestic worker”includes a worker, a gardener, a driver of a vehicle, and a caretaker in a private household. Despite the majority of domestic…
Read MoreMisconduct in the workplace: Managing labour relations
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. The Mondry case In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for employees,…
Read MoreHARASSMENT: 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 MoreSubject: Public 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…
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