Labour Law Blog

Pay rise for domestic workers from 03 December to 31 December 2018. This period applies for the clauses below(*)

Pay rise for domestic workers from 03 December to 31 December 2018. This period applies for the clauses below(*) * The new domestic worker minimum wage increase will take effect from 03 December to 31 December 2018 which means that any domestic employee who works more than 27 hours should be paid not less than R13.69 per hour, R616.03 per week and R2 669.24 per month in major metropolitan areas […]

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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 any dispute and in any process- • A party may be represented by […]

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What constitutes contempt of the CCMA?

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 […]

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Breastfeeding in the workplace

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 […]

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Labour law implications of an employee who is under the influence of cannabis at the workplace

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 […]

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Resignation with immediate effect may leave an employee liable to an employer

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 […]

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Dishonesty in that an employee submits a fraudulent, false medical certificate to an employer

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 […]

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Dismissed for being pregnant

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 […]

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Racial Slurs

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 […]

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Vicarious Liability

Vicarious liability is the holding of a person or entity responsible for damages or harm caused by someone else. Most employers are unaware that they can be held liable for the actions of their employees. Vicarious liability is where someone is held responsible for the actions or omissions of another.   When does vicarious liability apply? The requirements for the vicarious liability of an employer are threefold: An employment relationship […]

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