When and how can an employer change the terms and conditions of employment of it’s employees?

Are you considering changing the terms and conditions of employment for your Employees? Here is when and how you can. The principle is that terms and conditions of employment may not be changed unilaterally by the employer and that the consent of the employee is required. This implies a negotiated process with the affected employees in order to secure such consent. Only where the nature of the job is drastically […]

South Africa’s new labour migration policy

What is the South African Labour Migration policy all about? The draft NLMP (National Labour Migration Policy) is the first comprehensive national policy on labour migration in South Africa, covering the management of labour migration into South Africa and from South Africa. It seeks to achieve a “brain gain” (through skills entering the country) and to counter a “brain drain”(through skills leaving the country). The NLMP has been created to […]

Sign Language is South Africas 12th official language

Sign Language is Legally declared as 12th official language. President Cyril Ramaphosa’s cabinet has approved the Constitutional Eighteenth Amendment Bill for public comment, which will give recognition to South African Sign Language as the 12th official language of the country. The constitutional review committee has recommended that a section of the Constitution be amended to include South African Sign Language (SASL) as the 12th official South African language. There are […]

Eat, Drink and be Merry. But not during working hours.

Zero Tolerance for alcohol at the workplace during the holiday period As we approach the Christmas Season we post a warning once again that the zero tolerance for alcohol at the workplace has not been relaxed just because of the holiday period. The problems that arise at this time of the year create incredibly difficult situations when future dismissals are challenged. We have seen numerous examples of intolerable behaviour arising […]

Grievance Procedure

When filing a grievance against a fellow employee. What is the procedure that should be followed? What is a grievance? A grievance refers to a complaint or any form of workplace discontentment or dissatisfaction that an employee may have with his employer, manager or fellow employee that needs to be addressed by the management of a company. An employee is free to raise any grievance and will not be subject […]

Code of Good Practice on the prevention and elimination of harassment in the workplace

On Friday 18 March 2022, a government gazette was published in regard to the Code, being Regulation Gazette No. 11409, Vol.681, No 46056. This Code is effective from the abovementioned date. SA’s sexual harassment code now covers bullying and ‘condescending eye contact’ It defines various types of harassment, including passive-aggressive harassment via facial expression. Employers, including those of domestic workers, are now required to protect their employees from “condescending eye […]

Can expired warnings be considered during a disciplinary hearing?

Can expired warnings be considered when a chairperson makes his/her written findings and recommendation subsequent to chairing a disciplinary hearing? Schedule 8 of the Labour Relations Act requires that all employers should adopt disciplinary rules that establish the standard of conduct required of their employees. Additionally, it is further prescribed that employers should progressively attempt to correct the behaviour of their employees by issuing warnings before resorting to measures such […]

Prohibition of unfair discrimination

No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practise, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground. Any party to a dispute may refer the dispute in writing to the CCMA […]

The processes for an employee to report sexual harassment

If an employee has a sexual harassment issue, here is the process to report it. Sexual harassment may be brought to the attention of the employer by the complainant or any other person aware of the sexual harassment, for example, a friend, colleague, family member or human resources official acting on the request of the complainant, where the complainant has indicated that she/he wishes the employer to be made are […]

The New National Minimum Wage for domestic workers to be implemented from 01 March 2022

The New National Minimum Wage for domestic workers to be implemented from 01 March 2022 Latest Update: 10 February 2022 As of 01 March 2022, the minimum wage will increase to R23.19 per hour. Domestic Workers Wage Increase The increase was announced in the Government Gazette 45882, dated 07 February 2022, and this increase will bring the national minimum wage for domestic workers in line with all other employees. Criminal […]

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