Labour Law

Labour legislation in South Africa is heavily weighted in favour employees. The heavy protection of employees against being dismissed make it very difficult for employers to run efficient workplaces.

At first glance, fixed-term employment contracts may appear to offer a convenient solution for managing workforce needs and circumventing the complexities associated with permanent employment. However, a closer examination reveals that fixed-term employment contracts are far from the straightforward answer they seem to be.

In the South African context unfair discrimination could include, but is not limited to, discrimination on arbitrary or subjective grounds such as race, gender, family responsibility, religion, age, disability, opinion, and trade union affiliation.

Employee absenteeism is one of the biggest financial threats faced by employers. This is firstly because, where employees are absent, the work can either not get done or must be done by other employees who all have their own jobs to do.

The law only allows misconduct if the employee’s misconduct is so serious that it makes continued employment intolerable. One factor that could constitute such intolerability is the employee’s destruction of the trust relationship.

There are several unfair methods that might be used at disciplinary hearings, appeal hearings and arbitration hearings. These unsavoury tactics include the falsification of documents, the influencing of witnesses, illegal entrapment, coercing employees to make admissions or confessions and tampering with audio and video tapes. 

South African law does not allow employers to sue employees at the CCMA or Labour courts. In fact, it is clear that labour legislation and its enforcement structures are there to protect employees, often at the cost of employers.

When it comes to labour disputes, companies who choose to ignore a judgement handed down by the Commission for Conciliation, Mediation and Arbitration (CCMA) do so at their peril.

In today's highly competitive employment market, securing the most suitable candidates is of paramount importance to the success of a business. Employers must however be careful to vet prospective employees so as to protect the interests of the business.  

Section 6 of the EEA coupled with case law findings prohibits unfair discrimination against employees on arbitrary grounds where such discrimination affects the employee’s dignity.

South Africa’s labour legislation changes periodically and case law decisions often have the effect of changing the law. As management at all levels make daily decisions affecting the myriad of employee rights, all managers need to be able to take the complex, increasing and constantly changing labour laws in to account when making their decisions.

South Africa's Labour Court has ruled that employers can't automatically exclude job applicants with criminal records. This offers new hope for individuals who have struggled to secure work because of previous convictions. 

In the realm of labor disputes, strikes serve as potent tools wielded by workers to demand fair treatment, better working conditions, and equitable compensation. However, within the fluidity of these protests lies a contentious issue: the specter of violence.

When the employment relationship ends due to the death of the employer, it terminates by operation of law, absolving both parties from their contractual obligations. 

What is an employer to do when an employee is booked off on sick leave, only to be seen engaging in social activities that a “sick” person ordinarily should not or could not be engaging in?  

On 1 March 2024, the national minimum wage increased by 8.5 percent from R25.42 to R27.58 per ordinary hour worked. But is it enough?

The Chartered Institute for Procurement & Supply has submitted a series of detailed recommendations for South Africa’s Public Procurement Bill with the intention of advancing the principles of ethical procurement practices within the Southern Africa region.

It’s the law. If you are absent from work for more than two consecutive days, or more than twice within eight weeks, you have to provide a doctor’s note to your employer, according to the Basic Conditions of Employment Act (BCEA).

An increase in the minimum wage would have come as a welcomed development for thousands of workers in South Africa. However, one of the country's largest worker's unions believes the increase does not make much of a difference. 

Labour law amendments could boost job creation in South Africa. This is the message from the Employment and Labour Minister Thulas Nxesi.