ConCourt Rules | Fathers Now Entitled To Same Parental Leave As Mothers

Following this judgment, mothers and fathers will be able to split their four months of leave post-birth equally. Constitutional Court Maternity leave Paternity leave The Constitutional Court has ruled that fathers are now entitled to equal parental leave as mothers. The court found that the law, as it stands, is discriminatory to fathers and is unfair and unconstitutional. Following this judgment, mothers and fathers will be able to split their […]

Drafting of Settlement Agreement

What Is a Settlement Agreement? A settlement agreement is a legally binding contract in which parties voluntarily agree to resolve a dispute or potential dispute without proceeding to litigation. Key features include: Parties typically agree to waive future claims related to the same matter. Payment could include lump sums, installment payments. Confidentiality clauses are common in employment agreements to protect sensitive information. No-admission language often states that the settlement does […]

What is a Polygraph Test?

It is a test used to verify a person’s truthfulness and is often called a ‘Lie Detector Test.’ CAN ONE BE COMPELLED TO UNDERGO A POLYGRAPH TEST? An employee may not be compelled to undergo a polygraph examination unless she or he agrees to it or a collective agreement or contract of employment provides for it. The agreement must be in writing. However, it should be noted that even if […]

GRIEVANCE PROCEDURE

The grievance procedure is one of those all-important procedures and documents that must be given to all employees at induction. If the company does not have a grievance procedure, it is suggested that the same be distributed to the employees asking for their comments and to thereafter finalise a document. This procedure creates an outlet for any employee complaints that might have arisen and helps the company avoid allegations at […]

Giving Written Notice whilst on Annual Leave, Sick Leave, Maternity Leave or Family Responsibility Leave

Giving Written Notice whilst on Annual Leave, Sick Leave, Maternity Leave or Family Responsibility Leave In terms of Section 37 of the BCEA Notice of termination of employment, when given by the employer, must not be given during any period of leave to which the employee is entitled in terms of chapter 3 of the Act, and may not to run concurrently with any period of leave to which the […]

Domestic workers can now claim for injuries dating back to 1994

Domestic workers can now claim for injuries dating back to 1994 SweepSouth’s report indicates that low-income households are forced to take on further debt. Domestic workers, including chauffeurs and gardeners, are entitled to claim if they are injured or contract a disease at work, according to an amendment in law. Government has encouraged domestic workers to claim from the Compensation Fund. Legal experts have also urged employers of private domestic […]

Register your domestic worker in terms of the Compensation for Occupational Injuries and Diseases Amendment Act 22 (COIDA)

Now that the President has signed the amendment of COIDA into law, it is imperative for employers of domestic workers to register their employees under COIDA. This means that they may now claim for injuries, disabilities or illness acquired whilst at work, which previously specifically excluded this sector. This also means that all employers of domestic workers (including gardeners, chauffeurs, housekeepers, carers) whether part-time or full-time – must register themselves […]

Domestic workers and the National Minimum Wage increases – How jobs have affected in South Africa

The Department of Employment and Labour says that increases in the national minimum wage have not impacted employment numbers in South Africa. The Department said that research had been conducted annually for the past three years, assessing the impact of the national minimum wage on employment, hours of work and wages. They observed no significant shifts in aggregate employment following the national minimum Wage increases over the past few years. […]

Domestic worker’s minimum hourly rate to increase

Domestic worker’s minimum hourly rate to increase with effect from 01 March 2023 The New National Minimum Wage for domestic workers is to be implemented from 01 March 2023. As from 01 March 2023, the minimum wage will increase to R25.42 per hour, for each ordinary hour worked. Domestic Workers Wage Increase The increases was announced in the Government Gazette 45882, dated 21 February 2023. Criminal Offence An employer must […]

The New National Minimum Wage for domestic workers is to be implemented from 01 March 2023

Latest Update : 21 February 2023 The New National Minimum Wage for domestic workers is to be implemented from 01 March 2023. As from 01 March 2023, the new national minimum wage will increase to R25.42 per hour, for each ordinary hour worked. Domestic Workers Wage Increase The increases was announced in the Government Gazette 48094, dated 21 February 2023. Criminal Offence An employer must be aware that it is […]

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