editor, Author at Maserumule

The deeming provision: Temporary employment services

GIWUSA obo Mgedezi and others v Swissport SA (Pty) Ltd and The Workforce Group (Pty) Ltd Section 198A of the Labour Relations Act, 66 of 1995 (as amended) (“LRA”), provides the following: (3) For the purposes of this Act, an employee – (a) performing temporary services as contemplated in subsection (1) for the client is…

Employment Equity Amendment Bill

The Employment Equity Bill proposes a number of changes which seek to shape the employment equity landscape and will cause companies to have to change their practices significantly in certain respect. The Employment Equity Amendment Bill, 2018 (“the Bill”) was published for public comment in late 2018 as were proposed amendments to the Employment Equity…

ConCourt Judgments in 2018 on race-related misconduct

The court’s decisions in Rustenburg Platinum Mine v SAEWA obo Bester and Others and Duncanmec (Pty) Ltd v Gaylard N.O. and Others set out principles on how employers are required to deal with race-related misconduct in the employment environment Rustenburg Platinum Mine v SAEWA obo Bester and Others [2018] ZACC 13 In a unanimous judgment,…

No representations before suspension, says ConCourt

Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7 In its judgment in Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7, the ConCourt held that an employer is not required to give an employee an opportunity to make representations prior to the employee being suspended. The court confirmed…

Labour laws amendment bill signed into law by president Ramaphosa

The amendments introduce adoption leave, parental leave and commissioning parental leave. On 23 November 2018, President Cyril Ramaphosa signed the Labour Laws Amendment Bill into law. These amendments will give employees the right to take parental leave, adoption leave and commissioning parental leave, all of which were not previously statutorily regulated. The Bill also provides…

National minimum wage bill will be signed into law by president Ramaphosa

The National Minimum Wage Bill, 2017 (“the Bill”) has been signed into law by President Cyril Ramaphosa and the National Minimum Wage Act (“the Act”) will come into force on a date to be determined by the President by proclamation. Contrary to belief in certain quarters, the national minimum wage (“NMW”) will not be effective…

Can an employee get dismissed fairly for referring to a fellow employee as a ”Swartman”? Not Always

SAEWA obo Bester v Rustenburg Platinum Mine and Another (JA45/16) [2017] ZALAC 23 (3 May 2017) BACKGROUND “On 28 May 2013, the Rustenburg Platinum Mine (“RPM”) dismissed Mr. Meyer Bester on the grounds of insubordination and making certain racial remarks. On 24 April 2013, Mr. Ben Sedumedi and other colleagues held a safety meeting. While…

Medical Certificates From Traditional Health Practitioners

There has been an ongoing debate as to whether or not an employer should accept a traditional health practitioner’s certificate as proof of medical incapacity. Central to this debate, is the wording of the BCEA, and the status and supporting structures of the Traditional Health Practitioners Act 22 of 2007 (“THPA”). What follows below, is…

Failure To Prosecute Reviews Timeously

Toyota SA Motors (Pty) Ltd v CCMA & others [2015] ZACC 40 BACKGROUND Toyota SA Motors (Pty) Ltd (“Toyota”) employed Makoma Makhotla in 2006. Makhotla failed to report for duty from 28 February to 3 March 2011. When it became evident that Makhotla would be unable to report for duty, he unsuccessfully attempted to locate…

Equal Pay For Work of Equal Value: Less Pay For Newly Appointed Employees?

Section 6 (4) of the Employment Equity Act 55 of 1998 (“EEA”) provides that: “a difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on any one, or combination of the grounds…