DISCREPANCY 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…

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Fraudulent sick notes

The applicant was dismissed for submitting fraudulent medical certificates on six occasions.  He argued that the dismissal was unfair due to the lack of a face-to-face hearing and claimed that he was unaware of the fraudulent medical practice.  However, the commissioner found the written submission process to be fair under the LRA, and the applicant…

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Retrenchment 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…

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Unblemished 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…

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Labour 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…

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An 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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Nation-wide protest action

COSATU gave notice to NEDLAC of their intention to embark on nation-wide protest action on Monday, 7 October 2024. What does this mean for employers? The intended protest action stems from COSATU’s demand some years ago “that retrenchments to maximize profits must stop”. COSATU alleges that since then “we have seen the number of retrenchments increase at…

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Planned Protest

PROTEST ACTION 1. COSATU will be calling upon all workers to support a socio-economic protest action by engaging in various forms of protests.  2. The forms of protest actions and actions in contemplation of the strike will involve.  A National Day of Protest on 7 October 2024 – this will take the form of marches…

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