The Code of Good Practice: Dismissal, contained in Schedule 8 of the Labour Relations Act, is an indispensable tool in a chairperson’s or arbitrator’s toolbox. Over the past 23 years there were no significant amendments to this Code. On 22 January 2025, the Minister of Employment and Labour published a new draft Code. The public...Read More
Van Wyk & Others v The Minister of Labour & Others On 25 October 2023 the High Court of South Africa declared our parental leave laws unconstitutional to the extent that certain provisions of the Basic Conditions of Employment Act and the Unemployment Insurance Act: – Unfairly discriminate between mothers and fathers; Unfairly discriminate between...Read More
There is no need to fuss over the recent settlement agreement concluded between the trade union Solidarity and the South African government, represented by the Minister of Labour. Contrary to the widely publicised fuss, the settlement does not bring on any significant change to the implementation and enforcement of employment equity legislation in South Africa....Read More
The LRA provides the following remedies for an unfair dismissal: The employer to reinstate the employee on the same terms and conditions of employment before the dismissal. The employer to re-employ the employee, which may be on new terms and conditions of employment. The employer to pay compensation to the employee. If compensation is granted...Read More
For the few companies whose employees have managed to accumulate leave despite the past year of lockdowns and riots, it is prudent to undertake the exercise of monitoring leave accumulation. This can become a burdensome and onerous liability for an enterprise, if not managed appropriately. The catalyst of the debate over whether employees forfeit accumulated...Read More
The unprecedented protest action, looting and destruction encountered in KwaZulu-Natal and parts of Gauteng recently has shaken the country to its core. Amongst the hapless victims of this damage and destruction have been many employers who have lost their businesses, some of them razed to the ground. In some instances employers will be able to...Read More
Employment Equity is an Employment and Labour Compliance issue unlike the parameters of B-BBEE legislation, modelled on Inter-Industry/State self-regulation and policing, non-compliance with the provisions of the Employment Equity Act (EEA) is a breach of an Employment law, enforceable by intervention by the State. The Department of Labour (DOL) is empowered to conduct inspections and...Read More
