Category: Labour Law Articles
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National Lockdown – What Now?
Following the announcement last night [23 March 2020 – Attached Hereto] by President Ramaphosa as relates to the Lockdown it has become clear that the impact on businesses will be far-reaching. It is necessary to find a balance between the economic interests of all the Citizens of South Africa and the Health and Safety of…
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Increase to National Minimum Wage – March 2020
UPDATED!!!! On the 18th of February 2020, the Minister for Labour and Employment (Thulas Nxesi) announced an increase to the National Minimum Wage which was first implemented on the 1st of January 2019. The increase of 3.8% will take effect on the 1st of March 2020. As per Government Notice No. R. 175 in Gazette…
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New Parental Leave
Following the promulgation of various amendments to Labour Legislation late in 2018, we have been awaiting the much discussed “Paternity Leave” implementation. On the 29th of October 2019, the presidency, via Proclamation R. 56 in Government Gazette 42805 of 29 October 2019 silently announced the implementation of various parts of the Labour Laws Amendment Act,…
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Precautionary Suspension – Procedural Requirements
In the recent Constitutional Court Judgement between Allan Long and SAB (CCT 61/18), the highest court in the land held that where an employee is suspended as a precautionary measure in order to prevent interference with a pending investigation, there is no requirement that the employee be given an opportunity to make representations to the…
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Contract Cleaning Sector Minimum Wages – 2019
From the 1st of February 2019, the minimum wages for workers in the Contract Cleaning Sector will be increased. Additionally it must be noted that Area B (Kwazulu-Natal) falls under the Collective Agreement of the Bargaining Council for the Contract Cleaning Sector (BCCCI) and that the conditions of employment are different to the rest of…
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Domestic Worker Minimum Wages – December 2018
From the 3rd of December 2018, the minimum wages for a domestic worker will be increased, this increase is only valid until the new National Minimum Wage takes effect from the 1st of January 2019. Who is covered by the Sectoral Determination for Domestic Workers? Housekeepers Gardeners Nannies Domestic Drivers A key consideration of the…
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Summary of Amendments to Labour Legislation
Following the president signing the much anticipated amendments to South African Labour Legislation into law on the 23rd of November 2018, these amendments were gazetted on the 27th of November 2018 and we herewith provide a brief summary of the biggest changes that take effect from the 1st of January 2019: Basic Conditions of Employment…
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Caselaw Update – December 2018
IMATU obo Joubert v Modimolle Local Municipality [2018] 11 BLLR 1106 (LAC) Unfair Labour Practice Award cannot restore an employment relationship which has subsequently terminated, ie that the employee was dismissed and/or terminated following the commission of the Unfair Labour Practice, the CCMA cannot re-instate the employee to the employer. South African Municipal Workers Union…
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Minimum Wage and other Labour Acts signed by the President
On the 23rd of November 2018, President Cyril Ramaphosa signed into law the much debated and publicized and oft criticized amendments to Labour Legislation which would, amongst others give effect to the national minimum wage of R 20.00 per hour. These amendments are taking effect on the 1st of January 2019, and while various media…