The Labour Laws Amendment Act (LLAA), Act No 10 of 2018 amends the BCEA by introducing new forms of leave into South Africa labour system. Parental leave, adoption leave and commissioning parental leave is now available to employees as follows: Parental leave 25A. (1) An employee, who is a parent of a child, is entitled to at least ten consecutive days parental leave. (2) An employee may commence parental […]
The National Minimum Wage Act sets South Africa’s first National Minimum Wage at R20.00 an hour, equivalent to R3 500.00 per month, dependent on the number of hours worked, and creates a phase-in period for farm workers, forestry workers and domestic workers. From 03 December to 31 December 2018, the minimum wages for a domestic worker will be increased as per the Domestic Worker Sector Minimum Wages. This increase is […]
What are the statutory provisions and the rules governing the right to representation? The LRA contains provisions governing the right to representation in the CCMA’s processes insofar as it concerns the right of registered trade unions and employers’ organisations to represent their members but does not regulate the right of legal practitioners to represent parties in CCMA’s processes. Who may represent a party in any process involving any dispute? In […]
Contempt of the CCMA normally relates to either- • Conduct during the proceedings; and or • Conduct after the proceedings when a party fails or refuses to comply with a certified award requiring the performance of an act other than the payment of money. Contempt in relation to conduct during the proceedings is governed by Section 142 (8) of the LRA, which provides that a person commits contempt of the […]
In South Africa, the Code of Good Practice on protection of employees during pregnancy and after the birth of a child (which forms part of the Basic Conditions of Employment Act),requires employers to allow breastfeeding employees 30 minutes breaks twice per day for breastfeeding or expressing milk every day for the first 6 months of the child’s life. This means that you are allowed two breaks of 30 minutes each […]
Many employers have policies that prohibit employees from being under the influence of alcohol or drugs at work and this type of policy remains valid and unlawful; even after the recent Constitutional Court judgement that grants individuals the right to cultivate/possess and use cannabis in “private.” This judgement does not mean that an employee now has a “right” to report for duty under the influence of marijuana, having smoked at […]
1. If an employee resigns, he/she is required to work out either the contractual notice period or the minimum notice periods set out in the Basic Conditions of Employment Act (BCEA.) 2. The employer may elect to pay an employee in lieu of notice. The parties may also agree in writing that the employee will not be paid for not working out the notice period if, for example, the employee […]
It is a common occurrence that employees present fraudulent, false medical certificates to an employer to justify their absence from work and to be paid for a sick day. Your rights as an employer An employer is always entitled to question the validity of a medical certificate, especially if it appears to be dubious. The employer must find evidence that the medical certificate issued is false. The direct approach would […]
The Basic Conditions of Employment Act and the Labour Relations Act both provide adequate protection and regulate a pregnant woman’s position in the workplace. There is no duty on an employee to disclose the fact of her pregnancy except for the purpose of maternity leave (as per the BCEA) and failure to do so could not be regarded as “deceit” in the context of the relationship of trust between Employer […]
Where derogatory and racial language is used in the workplace, the employer bears the onus to prove that the language used was objectively derogatory. Collecting evidence However, the employer will bear the onus to prove that the employee uttered the derogatory word/s. Employers must lead sufficient evidence that the words were indeed used, and moreover, that the words are objectively offensive. This may be done by calling the victim […]