Circular 6/2023

Circular 6/2023

VAN WYK v MINISTER OF EMPLOYMENT AND LABOUR: A NEW ERA OF PARENTAL LEAVE Just last week, in a judgment with constitutional significance for the workplace, the High Court has ruled that all parents, irrespective of gender, should be entitled to four months of parental...
Circular 6/2023

Circular 5/2023

ELECTRONIC SIGNATURES / VIRTUAL COMMISSIONING OF AFFIDAVITS Before the onset of the COVID-19 pandemic, the terms ‘Teams’ and ‘Zoom’ were virtually unheard of in general, and were, for all intents and purposes, not tools in most businesses. However, within weeks after...
Circular 6/2023

Circular 4/2023

OBJECTING TO THE CCMA CON/ARB PROCESS When an employee refers a dispute to the CCMA, e.g., an unfair dismissal dispute, the CCMA ordinarily sets the matter down for a con/arb process, which means that arbitration will immediately follow if the parties are unable to...
Circular 6/2023

Circular 3/2023

NATIONAL MINIMUM WAGE INCREASE A National Minimum Wage (NMW) was introduced since January 2019 in an attempt to alleviate poverty and reduce wage inequality, amongst others, and since announcing a R20.00 per hour minimum wage in 2019, the NMW has steadily been...
Circular 6/2023

Circular 2/2023

NEW EARNINGS THRESHOLD: 1 MARCH 2023 The Minister of Employment and Labour is empowered, in terms of the Basic Conditions of Employment Act (“BCEA”), to make determinations regarding the earnings threshold. This grants employees who earn below the threshold...
Circular 6/2023

Circular 1/2023

SEXUAL HARASSMENT CLAIM UNDER SECTION 60 OF THE EMPLOYMENT EQUITY ACT 55 OF 1998 (the “Act”) The Labour Appeal Court in the matter of Amathole District Municipality v CCMA & Others (2023 44 ILJ 109 (LAC) found that the employer should not have been held liable in...