Articles

Employment Law Consulting

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…

Employment Law Consulting

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…

Employment Law Consulting

Employees can no longer unilaterally resign with immediate effect

Coetzee v The Zeitz MOCAA Foundation Trust and others [2018] ZALCCT 20 Previous case law In the case of Mtati v KPMG Services (Pty) Ltd (2017) 38 ILJ 1362 (LC), the Labour Court found that, after having resigned by giving notice, an employee is entitled to terminate his or her contract of employment by way…

Damages for referring to an employee as “a female employment equity” candidate

Chowan v Associated Motor Holdings (Pty) Ltd & others In its decision in Chowan v Associated Motor Holdings (Pty) Ltd & others (2241/16  23/3/2018), the Gauteng Local Division High Court awarded delictual damages to Adila Chowan, former group financial manager of Associated Motor Holdings (AMH), who had been referred to by the chief executive officer…

Is your organisation ready for POPI?

Is your organisation ready for POPI?

Introduction The Protection of Personal Information Act 4 of 2013 (“POPI”) was signed on 19 November 2013 and Gazetted on 26 November 2013, which means it is now law.  POPI has significant consequences for all organisations that process the personal information of individuals or juristic persons. A number of companies, despite the introduction of POPI,…

The basic conditions of Employment Amendment Bill

A number of potential legislative changes were published in the Government Gazette on 17 November 2017 and form part of concerted conduct by the Department of Labour in attempting to bring about changes to the labour market and to labour relations and employment law. These are the amendments to the Basic Conditions of Employment Act…

The Labour Laws Amendment Bill

After much speculation and waiting, history was made in Parliament on 28 November 2017, when the National Assembly (“NA”) passed the Labour Laws Amendment Bill (“Bill”), which introduced the right to ‘parental leave’, ‘adoption leave’ and ‘commissioning parental leave’, all three types of leave which were not statutorily regulated.  The aforementioned Bill also provides for…

The Labour Laws Amendment Bill

After much speculation and waiting, history was made in Parliament on 28 November 2017, when the National Assembly (“NA”) passed the Labour Laws Amendment Bill (“Bill”), which introduced the right to ‘parental leave’, ‘adoption leave’ and ‘commissioning parental leave’, all three types of leave which were not statutorily regulated.  The aforementioned Bill also provides for…

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 grounds of insubordination and making certain racial remarks.  On 24 April 2013, Mr. Ben Sedumedi (“Sedumedi”) and other colleagues held a safety meeting.  While…

Employment Law Consulting

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…