Labour Law

The National Minimum Wage Act 9 of 2018 (NMWA) came into effect on 1 January 2019. 

Where an employer or employee fails to comply with a court order, does such failure constitute contempt of court?


Since 2014, a Cape Town father, Henri Terblanche has been campaigning for more parental leave for fathers. Fathers were only entitled to 3 days family responsibility leave as stated in the Basic Conditions of Employment Act.

The #MeToo movement has brought a new awareness to the insidiousness of sexual harassment, encouraging women from around the globe to reveal indignities suffered, often from men in powerful positions.

The Labour Court (LC), in Ockert Jansen v Legal Aid South Africa (2018) 39 ILJ 2024 (LC), recently considered whether the dismissal of an employee on the grounds of misconduct,

The Basic Conditions of Employment Act 75 of 1997 (BCEA) presently entitles a female employee to at least four consecutive months of maternity leave.

The singing of struggle songs in the workplace, depending on the meaning of the words and the context in which it is sung, may not constitute racism. 

In South Africa, stringent Labour Laws have created somewhat of a minefield for employers to navigate when it comes to disciplinary procedures. 

It is trite law that employees may resign from his employment, either with immediate effect or on notice, thereby unilaterally terminating the employment relationship

The constitutional court has recently – for all practical purposes, legalised the private use of cannabis. What the Constitutional Court confirmed is that citizens have the right to cultivate, possess and use cannabis in private.

An employee can be dismissed for refusing to obey instructions if such instructions are fair and lawful and the refusal constitutes gross insubordination. 

South African labour laws are renowned as being progressive and protective of employees' rights. 

Healthy and regulated competition in business can boost the quality of services and products. However the laws that guide competition need to promote fair and ethical practices.

Fathers can look forward to more time with their newborns following the passing of the Labour Laws Amendment Bill on Tuesday by the National Assembly, set to give dads more paid paternity leave.

Depression in the workplace is on the rise and employers are battling to manage this costly illness.

Everyone in the workplace has a responsibility to see that company policy is understood and practiced.

“Past Lessons, Future Challenges: 30 years on” is the theme of the 30th Annual Labour Law Conference (ALLC), first held in 1987 after the Wiehahn Commission of Enquiry acknowledged trade unions and the labour movement as a strategic force in the move towards a democratic South Africa.

Time is of the essence when dealing with labour disputes and litigants should be mindful that they need to treat these disputes with urgency.

South African businesses must ensure they have a policy in place to deal with sexual harassment in the workplace and that this policy is effectively communicated and understood by all employees.

The Council for Conciliation, Mediation and Arbitration (CCMA) has dismissed an application by the National Education, Health and Allied Workers’ Union (Nehawu) in relation to the payment of bonuses in 2015.

Workplace mediation offers significant benefits to employers and employees. It has the potential to facilitate fast, innovative, mutually beneficial, solutions to employment disputes.

Both the protection of human rights, and the enforcement of non-discrimination of these rights is an undeniable responsibility of South African businesses.

The possible brand damage to employers that can flow from inappropriate social media use by their employees is frequently highlighted. This is according to Ros Davey, a partner in Bowman Gilfillan Africa Group’s Employment & Benefits Practice.

Whether an employer is entitled to dismiss employees for refusing to undergo a polygraph test when such employees are contractually obligated to submit to a polygraph upon request by the employer where such request amounts to singling out certain employees from others who are not so contractually obliged?

Contractual agreements, employee benefits, set working hours and the protection of vulnerable groups - such as children - from exploitation, are common labour law considerations across the world.


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