Every employee has the right, in terms of the Constitution of South Africa, to strike. The Labour Relations Act (LRA) defines a strike as the partial or complete refusal to work, or the retardation or obstruction of work by employees for the purpose of remedying a...
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COVID-19 and disciplinary action against employees
All employers must comply with the Occupational Health and Safety Act. This law requires that employers, as far as is reasonably practicable, provide and maintain a work environment that is safe and without risk to the health of employees, customers, members,...
COVID-19: self-quarantine versus isolation
What is the difference between self-quarantine and isolation? According to the Government Gazette 44700, dated 11 June 2021, the definitions are as follows:ISOLATION – REGULATION 6(4)Isolation takes place when an employee develops COVID-19 symptoms or positively...
2021 – Employment Equity Act, are you a designated employer?
The Employment Equity Act (“EEA”) applies to all employers, but a “designated employer” (who meets the minimum requirements) has additional responsibilities. Make sure you know what is expected of YOU and that you comply! The EEA aims to eliminate unfair...
CCMA processes and what employers should know
The Commission for Conciliation, Mediation and Arbitration (CCMA), was established as an independent, apolitical dispute resolution body in terms of the Labour Relations Act (LRA). CCMA processes aim to promote fair labour practices and resolve labour disputes in the...
“Inspections” by false officials
It has come to the Department of Employment and Labour‘s attention that people falsely pose as inspectors from this Department. In some instances employers are coerced and intimidated into buying “new” posters.Make sure to do the following during an inspection by the...
Political parties and trade unions in the workplace
When trade unions lay claim to organisational rights in the workplace, employers are often uncertain about their own rights and those of the trade union, as well as how these rights are regulated. Currently, there is a tendency for certain political parties to try and...
Retrenchment: what is “bumping”?
In the current economic climate, many employers struggle to stay competitive and profitable and must consider different options to adjust to a changing environment. Retrenchment is a no fault dismissal, as the employee did nothing wrong and dismissal is due to...
Effect of the new earnings threshold 2021
Together with the new national minimum wage that came into effect on 01 March 2021, employers also have to take note of the implementation of the increased annual earnings threshold. The previous threshold has been in effect since 01 July 2014 and increased now from...
3 types of labour inspections
Our South African labour laws are extensive and rigid, leaving no room for negotiation. Many employers conduct their business with the sincere belief that they are adhering to the required labour regulations, although in reality this is often not the case. Failure to...
COVID-19 and my rights as employer
With the COVID-19 pandemic in South Africa, it is important for employers to know that their rights are still valid and enforceable in the workplace. South Africa’s working environment is highly regulated and employers often feel that they are pulling at the shortest...
Working from home
Working from home as an option: Employers have been navigating uncharted waters since the national lockdown was implemented end of March 2020. The lockdown was implemented to curb the spread of the COVID-19 virus in order to allow time to prepare South Africa’s health...
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