Earnings Threshold R 254371,67 per year

The earnings threshold impacts the application of provisions of the Basic Conditions of Employment Act, 1997 (BCEA), the Labour Relations Act, 1995 (LRA) and the Employment Equity Act, 1998 (EEA). In terms of the BCEA, employees earning in excess of the earnings threshold are excluded from the provisions, which regulate ordinary hours of work, overtime,…

Read More

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

DID 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 More

Spotlight on Dual Employment

Multitasking is often celebrated as a virtue, but a ruling by the Labour Court has cast a spotlight on the complex interplay between the rights of employees to seek additional employment, and their fiduciary duties to their primary employers. The Labour Court recently held that an employee violated her fiduciary duty and her employer’s policies…

Read More