Labour Law

South Africa’s Labour Relations Act of 1956 was replaced soon after the transition of government in the mid 1990s because it was considered to favour employers in the view of the new government and its trade union allies. By 1995 South Africa’s new constitution had entrenched labour law rights very strongly and the labour movement had become very strong.

The growing popularity of working from home may be halted due to rolling blackouts in South Africa. This is because the ongoing power cuts may negatively impact productivity of staff working from the comfort of their homes.

Employees who report employers for committing illegal or otherwise irregular acts are protected, in the first instance, by the Constitution of South Africa. Specifically, section 16 of the Bill of Rights gives everyone the right to freedom of expression and to impart information.

Employers often hire staff on the basis of a fixed-term contract, thinking that this can make life easier for the employer. This is often not the case because, when they want to end the employment relationship, the pawpaw could hit the fan.

South Africa’s government is seriously considering implementing a 4-day work week. This appears to be in response to the very severe unemployment problem in South Africa. There is almost 40% are out of all the people in this country who are eligible to work (because they are over 14 years of age and below retirement age).

Very few workplace issues elicit as firmly held views or fears as the topic of constructive dismissal. Whether it is a manager, fearful of doing something wrong and at risk of an employee lodging the dreadful claim of constructive dismissal, or Harvey Spectre wannabes cascading their views on the legal impact of such a claim: say "constructive dismissal" and you have everyone's attention.

The National Minimum Wage is viewed as an important tool used to reduce poverty in South Africa. A recent proposal by the country’s labour department could see the minimum wage paid to individuals increase in 2023.

South African citizens have endured a tough 2022 as they contended with rolling blackouts, increased crime and the increased cost of living. However, they will have one small thing to celebrate this December.

Parties in disciplinary hearings often feel pressure to "win" - to succeed at all costs - and on occasion, this may lead to dishonest behaviour. This week Ivan Israelstam provides examples of such behaviour and the consequences.

Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair.

Our articles over the past years have made it crystal clear that, for an employer, South African labour law is a minefield riddled with endless hidden dangers. That is, there are numerous labour acts, regulations, codes and determinations that are mainly focussed on protecting employees. 

South Africa’s labour legislation changes periodically and case law decisions of ten 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 into account when making their decisions.

Sections 189 and 189A of the Labour Relations Act (LRA) make retrenchment exercises very difficult and costly for employers.

Labour brokers and temp. agencies employ hundreds of thousands of people in South Africa and are referred to in the Labour Relations Act (LRA) as “temporary employment services” (TES).

In the Labour Relations Act (LRA), it states that every employee has the right to strike, and every employer has recourse to a lockout. However, the effects of recent strike action have raised concerns about the country’s labour laws.

While many individuals look forward to retirement and all it entails, some people want to continue working beyond retirement age. However, this could have legal implications that may allow an employer to terminate your contract once you’ve reached 60 years of age.

While the Basic Conditions of Employment Act stipulates four types of regulated leave to which employees are entitled – annual leave, sick leave, family responsibility leave and parental leave – employers may choose to offer their staff various other forms of leave which are not governed by legislation.

The National Minimum Wage (NMW)  is viewed as an important instrument in reducing poverty in South Africa. Those who employ workers but fail to pay the minimum wage are breaking the law.

Some time ago I was asked by an employer to assist with preparing for a Labour Court review case. The employer had dismissed the employee for theft but the CCMA had forced the employer to reinstate him.

An employer may believe that the easiest way to solve the problem of hostility between employees is to simply dismiss the employees involved. This week Ivan Israelstam explains how this approach may backfire.