Category: Employment and Labour Law

Effective 1 March 2022: New Earnings Threshold and National Minimum Wage
, Employment and Labour Law

Effective 1 March 2022: New Earnings Threshold and National Minimum Wage

Employers and employees need to keep an eye on the annual increases in both the National Minimum Wage and the Earnings Threshold, summarised below for your convenience. Both are effective from 1…

When Does Attendance at a Rugby Match Trigger a Dismissal from Employment?
, Employment and Labour Law

When Does Attendance at a Rugby Match Trigger a Dismissal from Employment?

“This is dishonest conduct of a kind which clearly negatively impairs upon a relationship of trust between an employer and employee.” (Extract from judgment below) An all-too-common complaint in workplaces comes from…

Fired for a Racist Facebook Post
, Employment and Labour Law

Fired for a Racist Facebook Post

“The seriousness and gravity of offences involving racism and racial hatred cannot be over-emphasised. Employers are under a duty to provide a safe working environment and to protect all employees from harm,…

Employers – Walking the “Compulsory Covid-19 Jab” Tightrope
, Employment and Labour Law

Employers – Walking the “Compulsory Covid-19 Jab” Tightrope

“Employers should find a reasonable resolution that accommodates all parties where employees refuse to be vaccinated for medical and constitutional grounds” (Ministry of Employment and Labour) As the Covid-19 pandemic continues to…

A Million Rand Warning: Act When Employees Reach Retirement Age
, Employment and Labour Law

A Million Rand Warning: Act When Employees Reach Retirement Age

“Retirement is for people who don’t like their jobs” (Paul McCartney) Many employees reaching “retirement age” (often set at 60 or 65) are not ready to retire. Perhaps they need to carry…

Employee Looting and Strike Violence: When Is Dismissal Fair?
, Employment and Labour Law

Employee Looting and Strike Violence: When Is Dismissal Fair?

Employee looting and/or violence can take place during strike action or it can occur during non-workplace incidents such as the recent looting and public disorder sprees. In both cases employers need to…

Violence and Looting – Can You Sue SAPS?

Violence and Looting – Can You Sue SAPS?

“When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to…

R4m Damages for a Workplace Sexual Assault
, Employment and Labour Law

R4m Damages for a Workplace Sexual Assault

“The stance adopted by the Municipality at the trial demonstrated a disturbing lack of appreciation of its legal obligation to have provided E[….] with a safe working environment.” (Extract from judgment below) Our…

Dismissed: The Butcher Who Went to Work With COVID-19

Dismissed: The Butcher Who Went to Work With COVID-19

“The facts of this case are indeed extraordinary. They are indicative of the need for more to be done at both the workplace and in our communities, in ensuring that employers, employees,…

Employers: Beware the “Casual Worker” Myth!
, Employment and Labour Law

Employers: Beware the “Casual Worker” Myth!

Employees in South Africa enjoy strong protections under a raft of laws such as the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA) and the Employment Equity Act (EEA).…