PRESIDENT SIGNS INTO LAW THE BILL WHICH CRIMINALISES HATE CRIMES AND HATE SPEECH

This legislative measure gives effect to South Africa’s obligations in terms of the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia and related intolerance, in accordance with international law obligations. The Constitution sets out certain basic values, including human dignity, the achievement of equality and the advancement of human rights and freedoms…

Read More

EXTENSION OF BARGAINING COUNCIL: FAST FOOD, RESTAURANT, CATERING AND ALLIED TRADES TO NON-PARTIES

The Bargaining Council for the Food Retail, Restaurant, Catering & Allied Trades previously known as the Bargaining Council for the Tearoom, Restaurant & Catering Trade, Pretoria, has been registered since September 1941.  Their primary function is to regulate relations between management and labour and to settle disputes between parties.  The main agreement will amongst other…

Read More

Unfairly 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 More

DISCRIMINATION

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 More

Labour 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 More

EMPLOYING 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 More

Misconduct 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 More

HARASSMENT: 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 More