Newsletters

Objecting To The CCMA Con/Arb Process

Objecting To The CCMA Con/Arb Process

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...

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National Minimum Wage Increase

National Minimum Wage Increase

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...

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New Earnings Threshold: 1 March 2023

New Earnings Threshold: 1 March 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...

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Adjusted Alert Level 2

Adjusted Alert Level 2

Adjusted Alert Level 2 In response to the third wave of the COVID-19 pandemic, the country was placed on Adjusted Alert Level 3 of the lockdown almost two months ago. On Sunday, 12 September 2021, the President announced the easing of restrictions on the movement of...

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Circular 4/2021

Circular 4/2021

COVID – 19 LOCKDOWN: DISMISSAL OF EMPLOYEES WHO REFUSE TO CARRY OUT THE EMPLOYERS LAWFUL AND REASONABLE INSTRUCTION TO RETURN TO WORK UNDER THE LOCKDOWN – SUBSTANTIVELY FAIR EMPLOYEES NOT GIVEN THE OPPORTUNITY TO MITIGATE AGAINST SANCTION - PROCEDURALLY UNFAIR. What...

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Circular 3/2021

Circular 3/2021

THE NEW EARNINGS THRESHOLD AND NEW NATIONAL MINIMUM WAGE (NMW) FOR SOUTH AFRICA On Monday, 8 February 2021, the Labour Minister, Thulas Nxesi, published a gazette detailing the NMW for South Africa, which will come into effect as from 1 March 2021. This means that for...

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Circular 2/2021

Circular 2/2021

CAN AN EMPLOYER DISCIPLINE AN EMPLOYEE, DURING THE NOTICE PERIOD, FOR MISCONDUCT? It is trite that a resignation is a unilateral act by the employee and does not need the employer's acceptance, however, in the most recent judgment in this regard, it has been held that...

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Circular 1/2021

Circular 1/2021

LOCKDOWN LEVEL 3 REVISITED: EMPLOYERS’ DO’S AND DON’TS In an attempt to curb the spread of COVID-19, during the so called “second wave” of infections, on 28 December 2020, President Cyril Ramaphosa announced a move to adjusted Alert Level 3, which came into effect...

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Circular 4/2020

Circular 4/2020

COVID-19: BUSINESS UNUSUAL: ALERT LEVEL 4 7 weeks into the unprecedented decision to declare a national state of disaster to curb the spread of Covid-19, the frustration of businesses and ordinary people are beginning to set in. Whilst most people welcome the lock...

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Circular 3/2020

Circular 3/2020

COVID-19: THE UPLIFTMENT OF SOME RESTRICTIONS: WHAT DOES IT MEAN FOR EMPLOYERS? As uplifting as it may be that government has decided to uplift restrictions of the lock down, there is little to be excited about. Firstly, the lock down remains very much in place....

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Covid 19 Employment Issues

Covid 19 Employment Issues

COVID-19 AND ITS IMPACT ON LABOUR RELATED & OTHER MATTERS This article focuses on workplace preparedness for Covid-19 for those employers who are permitted to re-open their workplaces. It also deals with the practicalities of working from home and factors to...

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News Flash

News Flash

President’s Speech: Lock Down Extended Until 30 April 2020   On the evening of 9 April 2020, President Ramaphosa addressed the Nation with an update of the way forward on the lock down in the country. The lock down is extended until 30 April 2020. Depending on...

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Circular 2/2020

Circular 2/2020

THE COVID 19 PANDEMIC – TERS GOVERNMENT ASSISTANCE UNDER TERS: PRACTICALLY, WHAT DOES IT ALL MEAN FOR EMPLOYERS AND EMPLOYEES   In Circular 1/2020 we wrote about the financial assistance government is providing, as well as the private funding that would be provided to...

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Circular 1/2020

Circular 1/2020

GUIDELINES TO EMPLOYERS IN DEALING WITH THE IMPACT OF THE COVID-19 PANDEMIC   This document is intended to communicate information on the impact of the Covid-19 virus on employers and employees in the workplace in South Africa. As a result of the Republic of...

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