Labour Law Blog

Pertinent Changes To The Unemployment Insurance Amendment Act, 2016

What is Unemployment Insurance Fund? The Unemployment Insurance Fund has been established to provide short-term relief to workers, subject to certain conditions, when they become unemployed, or are unable to work because of illness, maternity or adoption leave and also to provide relief to the dependents of deceased contributors. The Unemployment Amendment Act, 2016 is due to promulgated shortly and it will extend Unemployment Insurance benefits to learners who are […]

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DOMESTIC WORKER MINIMUM WAGE INCREASES FROM 1 DECEMBER 2015

Wage Tables for the Domestic Worker Sector Table 1 Minimum wages for domestic workers who work more than 27 ordinary hours per week Area A Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan […]

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Unfair discrimination article

Unfair discrimination – mental illness With reference to your informative article entitled “Mental health & South Africa’s Community”, I have consulted with many employees with diverse work related problems who have been discriminated against on the grounds of mental disability. Once the employer discovers the fact that the employee is diagnosed with a mental illness, it usually results in the employee being harassed and victimized. The employee may become severely […]

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Disability resulting from stress, anxiety and mental disorder

Discrimination on the grounds of disability Recurring harassment and victimization in the workplace, as a result of the employee’s bi-polar condition, ended up in a claim of discrimination against the employer. On 14 January 2015, *Mr Alan Croucramp was employed as senior I.T manager at *MARCO Supplies in Cape Town. After a few weeks, *Mr Kevin Bold (Operational Manager) of the company began harassing Alan verbally, by saying that he […]

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Managing staff expenses and work schedules during Power Outages/ Loadshedding

  Managing staff expenses and Work Schedules during power outages/load shedding. Eskom’s load shedding is putting a damper on the prospects of many small businesses. It is undermining business confidence, may result in retrenchment of staff and loss of income for both the employee and the employer. Frequently Asked Questions: CAN AN EMPLOYER REFUSE TO PAY AN EMPLOYEE FOR TIME LOST DURING A POWER FAILURE? The employment contract is a […]

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Domestic Workers and Wage Increase

Despite a series of national public hearings hosted by the Department of Labour early in this year, domestic workers do not have much to rejoice about as the minimum annual wage increase is nominal. The minimum wage with effect from 01 December 2014 to 30 November 2015 in the City of Cape Town area, for those domestic workers who work more than 27 ordinary hours per week is R10.59 per […]

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THE ESTABLISHMENT OF THE EMPLOYMENT SERVICES ACT

The Employment Services (ES) Act, passed by parliament, is now awaiting promulgation by the state president. The new piece of legislation will play a crucial role in the labour market to provide regular, comprehensive and up to date information to shape labour market policies and programmes. To give effect to the legislation, a process to set up an ES board, that will advise on employment services’ matters is in the […]

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Sexual Harassment

Sexual harassment is probably the most prevalent form of harassment in the workplace. Employers should have a sexual harassment policy and a Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace. This Code is intended to eliminate sexual harassment in the workplace. It does this by assisting employers and employees to understand the nature of sexual harassment as well as ways of responding to it […]

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COIDA

What is Compensation for Occupational Injuries and Disease Act (COIDA) COIDA is the Compensation for Occupational Injuries and Disease Act. This is the new name for WCA or Workmen’s Compensation Act. The Act provides for compensation for disablement caused by injuries sustained or diseases contracted by employees in the course of their work, or death resulting from such injuries or diseases. Who can claim Compensation under COIDA? Anyone, who is employed […]

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THE EMPLOYMENT EQUITY AMENDMENT ACT

The Employment Equity Amendment Act came into operation on 01 August 2014 and has significant implications for employers. Among others, the Act further regulates the prohibition of unfair discrimination against employees, and the certification of psychometric testing used to assess employees. It also provides for the referral of certain disputes for arbitration to the Commission of Conciliation, Mediation and Arbitration (CCMA) as opposed to the Labour Court for adjudication. Also […]

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