Sexual harassment in the workplace is an issue that is hardly ever spoken about, let alone reported, despite it being an issue which takes place time and again within the workplace. Kevin Isaacs* had been working 6 months as a store manager for a clothing retailer based in Goodwood, Cape Town. His co-workers, Lorraine Arnold* and Annelie Gouws*, had both lodged written grievances with their director, Lungi Moko*, against Kevin […]
The new minimum wage rates for domestic workers becomes effective from Sunday 01 December 2013 to 30 November 2014. South Africa has enacted legislation to protect domestic workers resulting in the promulgation of Sectoral Determination 7: Domestic Workers. This determination establishes conditions of employment and minimum wages for employees in the Domestic Worker Sector in South Africa. With effect from 01 November 2002, an employer must pay domestic workers at […]
About the Employment Equity Act The Employment Equity Act applies to all employers and workers and protects workers and job seekers from unfair discrimination, and also provides a framework for implementing affirmative action. The purpose of the Employment Equity Act, No 55 of 1998 is to achieve equity in the workplace, by Promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination. Implementing affirmative action measures […]
With effect from (Monday 1 July 2013) Minister of Labour Mildred Oliphant, acting in accordance with Section 6(3) of the Basic Conditions of Employment Act, increased the annual earnings threshold to R193 805.00 from the previous figure of R183 008.00. “The earnings threshold is significant as employees who earn in excess of the threshold (now R16 150.41 gross per month) are excluded from the protection offered by certain sections of […]
The protection from harassment act comes into play. On 5 December 2011, the Protection from Harassment Act (the PHA) was published in the Government Gazette. The Act came into operation on 27 April 2013. In terms of this Act, victims of harassment may apply to the Magistrate’s Court (the Court) to have a protection order issued. Such an order may be handed down against any person who engages in prohibited […]
During a disciplinary hearing procedure; employees are either guilty or not guilty per the lesser burden of proof known as proof on the balance of probabilities. Typically, direct evidence (eg eye witness accounts) are utilised to prove guilty in a disciplinary hearing. However, on occasion, in the absence of such direct evidence, so-called circumstantial evidence may be sufficient to prove guilt. It is apparent therefore that direct witnesses are not always […]
Monitor your domestic worker with a surveillance camera The employer has the onus of proving that the dismissal was fair and lawful. When an employer has installed close circuit video surveillance cameras in order to monitor a domestic worker’s activities and believes he/she has video footage proving some misconduct, such as misappropriation of the employer’s property, the employer must ensure that the video evidence is admissible at the CCMA or […]
With effect from 01 December 2012, domestic workers will receive a minimum wage increase. Currently domestic workers who earn a wage of R1625.70 per month will be increased to R1746.00 per month with effect from 01 December 2012. Even though domestic workers play such an essential role, the minimum wage increase is appalling and domestic workers continue to remain exploited, undervalued employees in our society. Generally, they are marginalised and […]
Suzanne van Niekerk, an unemployed domestic worker residing in Clanwilliam, decided to seek work in Cape Town. She was introduced to the owner of a domestic worker agency who persuaded her to move to Cape Town for a job. Mr Jan Swanepoel, the owner of said agency, promised Suzanne a well-paid job as a domestic worker in the affluent suburb of Camps Bay, Cape Town. He paid her transport costs […]
The aim of the blitz is to target employers to ensure compliance with legislation. Each year labour inspectors undertake inspections at homes to check whether the employers are complying with Sectoral Determination 7: Domestic worker sector, the Unemployment Insurance Act and the Labour Relations Act. Labour inspectors have a checklist to verify whether the domestic worker is not being underpaid, that a contract of employment has been drafted and signed […]