Labour Law Blog

Resignation, in writing, with immediate effect, is no longer legal and binding

In terms of the latest Labour Appeal Court Judgment, handed down on 10 December 2020, an employee is required to give an employer written notice to resign, as per the employee’s signed contract of employment. In the absence of a contractual stipulation of a notice period, the Basic Conditions of Employment Act applies. Taking into account the above, an employer has the right to discipline an employee for misconduct, alternatively […]

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Precautionary Suspension

Many employers invoke precautionary suspension in order to allow them both time and space to properly investigate the wrongdoing and to protect themselves against further wrongdoing.   The employee is approached and advised of the investigation and advised of the allegations. For the precautionary suspension to be permissible it needs to be shown that the suspension was fair and whether there was a fair reason for the suspension. The suspension […]

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CCMA to trim its operations

The Commission for Conciliation, Mediation and Arbitration (CCMA), a statutory body for aggrieved employees, says it will no longer be able to operate at full capacity as a result of its upcoming R617m budget cut.   The commission’s finances are so dire that it had resolved to stop doing conciliation and would instead go straight to arbitration.   The cut will also affect its ability to help employees being retrenched […]

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Latest Covid-19 regulations as from 01 October 2020

It is with some relief that we have received a Consolidated Direction under Gazette No 43751.  This Consolidated Regulation was brought into law on the 1st October 2020. These Directions override all previous Directions and to a large degree are easier to understand and to implement.   If there are less than ten employees that business needs only to apply the measures set out in Direction 12.  For employers with […]

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Compensation for Occupational Injuries and Diseases Amendment Bill and it’s inclusion of Domestic Workers.

The Bill seeks to amend the Compensation for Occupational Injuries and Diseases Act, 1993 (“COIDA”), by including domestic workers in private households to claim compensation for occupational injuries and diseases.   Fundamental changes proposed in amendments to the Compensation for Occupational Injuries and Diseases Act (COIDA) include the extension of coverage to domestic workers. The Compensation Occupational Injuries and Diseases Amendment Bill calls for the change to the definition of […]

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Labour Department Unemployment Insurance Fund Relief (UIF) For South African Companies Affected By Covid-19

The department of labour will soon formally publish special regulations offering Unemployment Insurance Fund (UIF) relief to companies that find themselves in distress due to the Covid-19 outbreak in South Africa, a senior official has said. In cases where a company is forced to shut down for a limited period as a precautionary response to the health crisis, the UIF benefit will apply. This is being done to prevent layoffs […]

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COMMISSION FOR CONCILIATION, MEDIATION & ARBITRATION

17 March 2020 To: CCMA Users, CCMA Staff and part-time Commissioners, Bargaining Councils and Private Dispute Resolution Agencies Dear All, URGENT DIRECTIVE IN RESPECT OF THE RESPONSE TO COVID 19 The spread of the Coronavirus is growing exponentially. To date 179 978 cases of the COVID 19 Coronavirus have been reported globally, with 7 100 deaths and 78 326 people having  recovered from the virus. South Africa has 62 reported […]

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Injured, disabled employees angered by collapse of R60 billion Compensation Fund

Up to 180 000 of South Africa’s most vulnerable, injured or disabled workers are outraged at having been failed by the Compensation Fund and the software system “ glitches” that have caused prolonged delays in payments since mid-2019. The Fund, a Department of Employment and Labour entity, launched the system, called Compeasy. The Fund provides compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the […]

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Hotline to enforce national minimum wage

Is your employer paying you the National Minimum Wage? If you are not paid the national minimum wage of R20.76 per hour. R18.69 per hour for farm workers. R15 57 per hour for domestic workers. R11.42 per hour for workers under the Expanded Public Works Programme. Then dial the FREE IMPIMPA HOTLINE. The Department of Employment and Labour is pumping R20 million towards marketing the Impimpa Hotline geared for enforcing […]

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Pay rise for Farm workers, Domestic workers, Expanded Public Works Programme employees and Learnership agreements from 01 March 2020 onwards.

In terms of the Government Gazette, Regulation Gazette No. 11041, Vol. 656, dated 17 February 2020, No. 43026; The National minimum wage is R20.76 for each ordinary hour worked with effect from 01 March 2020. The minimum hourly rate for Farm workers is R18.68. The new domestic worker minimum wage increase will take effect from 01 March 2020. The domestic worker shall receive a minimum hourly rate of R15.57, across […]

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