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  • Article

    New Basic Conditions Of Employment Act Earnings Threshold

    The Minister of Labour has recently announced that, with effect from 1 July 2013, the earnings threshold in the Basic Conditions of Employment Act, which operates to exclude employees earning above the threshold from certain BCEA entitlements and protections, will increase from the current R183,008 per annum to R193,805 per annum, an increase of approximately 5.9%.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    News Flash: The Employment Equity Act 55 Of 1998

    On the 1st of February 2024, the Minister of Labour published for comment proposed amendments to the Employment Equity Act 55 of 1998.
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
Article

The Critical Intersection Of Mental Health And Employment Law In South Africa (Podcast)

Welcome to this special episode of the Fasken Perspectives podcast, hosted by Labour, Employment & Human Rights partners Daphney Willem and Owethu Mbambo from our Johannesburg office.
South AfricaEmployment and HR
Fasken
Fasken
  • Article

    Time Is Of The Essence – The Three-And-A-Half-Year Delay In Workplace Justice

    In the recent case of Mapyane v South African Police Service & Others (JR1948/10) ZALCJHB, the importance of prompt disciplinary proceedings was underscored.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Understanding Family Responsibility Leave

    According to Section 27 of the BCEA, family responsibility leave is available to employees who have been with the same employer for more than four months and work more than four days per week.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Video

    Key Considerations When Employing Foreign Nationals In South Africa (Video)

    In the recent decision of the Western Cape High Court in Mukuru Financial Services (Pty) Ltd ("Mukuru") and Another v Department of Employment and Labour, ...
    South AfricaEmployment and HR
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Learning To Earn – The Characteristics Of A Learnership Agreement

    Learnership agreements are governed by the Skills Development Act 97 of 1998 (SDA) read with the Basic Conditions of Employment Act 75 of 1997 – Sectoral Determination 5.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Podcast

    World Of Work Series (Podcast)

    In this episode, Venolan introduces key topics that are changing how organisations and employees work today. He will explore the changing workplace landscape both in South Africa and globally...
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Clearing The Haze: The Labour Appeal Court's Judgment On Cannabis In The Workplace

    The recent Labour Appeal Court (LAC) decision in the case of Bernadette Enever vs Barloworld Equipment South Africa, a division of Barloworld South Africa (Pty) Ltd (JA86/22) [2024] LAC...
    South AfricaCannabis & Hemp
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    A Foundation Of Fairness: Understanding Social Justice In Business

    In the contemporary business environment, the notion of "social justice" transcends mere rhetoric, evolving into a foundational principle essential...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Another Extension Of The TERS: Watch This Space

    On 17 February 2021, the South African Department of Employment and Labour announced that the relevant NEDLAC partners have endorsed proposals tabled by the UIF for the extension of the COVID-19 TERS.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Can An Employer Take Disciplinary Action For Misconduct During The Festive Season?

    Something about the festive season creates a ‘buzz' of excitement. More often than not, it is this ‘buzz' which makes the festive season that much more memorable.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Can Two Unions Act Jointly To Obtain Organisational Rights?

    Employers and organisational rights generally present themselves like oil and water, a relationship born out of opposing views, with each party trying to obtain the best scenario to suit their relevant constituents...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Industrial Development Corporation V Modika : Can A Protected Disclosure Stop A Disciplinary Hearing? (Podcast)

    The Labour Appeal Court's judgment in Industrial Development Corporation of South Africa v Modika addresses critical questions about when protected disclosures under the Labour Relations Act can halt or redirect disciplinary proceedings. This case examines the intersection between whistleblowing protections and an employer's right to conduct internal disciplinary processes, offering guidance on when employees may bypass traditional hearings in favor of pre-dismissal arbitration.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Is It Really A Trade Union? Simunye Workers Forum Victory Shifts The Traditional Idea Of A Trade Union

    In South Africa, one could strongly argue that the Labour Relations Act (LRA) is among the most significant pieces of legislation, given its historical context and the rights it regulates and protects.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Not So Fast: When Retrenchment Goes Off The Wall

    The Labour Court's decision in Watson Kelemogile Lekalake v EOH Mthombo (Pty) Ltd is a textbook warning: a Section 189 process will collapse if the business case is unclear or inconsistently presented.
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Principles That Could Serve As Guidelines To Determine Disputes About Promotion

    Promotion is an essential characteristic of the employment relationship, and it involves the process of advancing an employee from position to another position or job that may have a higher salary range, ...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Terminating An Employment Contract And Dismissing An Employee – How Are They Interrelated?

    A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same...
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    The Employment Equity Act: Does It Apply To My Business?

    The Employment Equity Act 55 of 1998 (EEA) aims to achieve workplace equity by promoting equal opportunities and fair treatment. The Act further seeks to implement affirmative...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    When Age Matters: Retirement Or An Automatically Unfair Dismissal?

    South African labour laws lack a specified retirement age, and terminating an employee based on age may violate Section 187(1)(f) of the Labour Relations Act (LRA)...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Showing 41–60 of 586 results

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