Category: Employment and Labour Law

Effective 1 March 2025: New National Minimum Wage
, Employment and Labour Law

Effective 1 March 2025: New National Minimum Wage

The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased from 1 March 2025 by 4.4% from R27,58 per hour to R28,79 per hour. Domestic workers: Assuming a work…

Employers: How to Avoid Paying Severance Pay on Retrenchment
, Employment and Labour Law

Employers: How to Avoid Paying Severance Pay on Retrenchment

“Only in our dreams are we free; the rest of the time we need wages.” (Terry Pratchett) Retrenching employees can be an expensive business. You’ll have to pay each employee a minimum…

Fired for not Working on the Sabbath
, Employment and Labour Law

Fired for not Working on the Sabbath

“One of the hallmarks of an enlightened egalitarian society is the right to freedom of religion.” (Extract from judgment below) Our courts do not tolerate unfair discrimination in the workplace, and employers…

Employers: It’s November Again. Must You Pay 13th Cheques?
, Employment and Labour Law

Employers: It’s November Again. Must You Pay 13th Cheques?

“The best investment you will ever make are your employees” (Peter Drucker) As the end of the year approaches, many employees are eagerly awaiting their 13th cheque or year-end bonus. However, not…

Protect Your Employees from Harassment and Abuse – or Pay the Price
, Employment and Labour Law

Protect Your Employees from Harassment and Abuse – or Pay the Price

“It takes leadership to improve safety.” (Jackie Stewart, Formula 1 legend) One of your key duties as an employer is to create a working environment in which your employees are protected from…

It’s Sick Leave Season – Can You Reject a Dodgy Doctor’s Sick Note?
, Employment and Labour Law

It’s Sick Leave Season – Can You Reject a Dodgy Doctor’s Sick Note?

“Many people including workers in South Africa do not have the wherewithal to determine between a qualified doctor, an unqualified doctor and one who is operating illegally. That is why there are…

Understanding Your Legal Obligations as an Employer of Domestic Workers

Understanding Your Legal Obligations as an Employer of Domestic Workers

South Africans employ an estimated 900,000 domestic workers. They assist us with a range of tasks that keep our homes running smoothly – from cleaning and gardening to cooking and childcare, their…

Overtime: The Importance of Agreements
, Employment and Labour Law

Overtime: The Importance of Agreements

“…an employer may not require or permit an employee to work … overtime except in accordance with an agreement” (Basic Conditions of Employment Act) All employers and employees need to know of…

Workplace Harassment: The New Code in a Nutshell
, Employment and Labour Law

Workplace Harassment: The New Code in a Nutshell

“The criterion that harassment involves unwanted conduct distinguishes acts of harassment from acceptable conduct in the workplace” (extract from the Code, emphasis added) With effect from 18 March 2022, a new “Code of Good…

Fired For Moonlighting
, Employment and Labour Law

Fired For Moonlighting

“She failed to disclose these obviously material activities to her employer and was therefore manifestly acting in violation of her duty of good faith to her employer.” (Extract from judgment below) “Moonlighting”…