Posts by Ubuntu Resource Management

A newly proposed government policy seeks to limit the number of foreign nationals employed at businesses, foreign-owned SMMEs and foreign platform service providers, such as e-hailing drivers. The policy gives the director-general of the Department of Labour the power to seek a fine from the Labour Court of up to R100 000 on any business whose…

For the first time in the history of South Africa, the government has formulated a comprehensive National Labour Migration Policy (NLMP), says Employment and Labour minister Thulas Nxesi. In a media briefing on Monday (28 February), Nxesi said the policy has been researched extensively and benchmarked internationally for best practice. “It has become increasingly apparent,…

How does the labour court decide whether a business is a “going concern” for the purpose of s197? Well, as lawyers are fond of saying – “…it depends on the facts”. The saying is especially true in decisions on whether what is being sold, outsourced, insourced, contracted out or merged is a – “business” (which)…

South Africa on Thursday said it would not renew temporary permits of around a quarter-of-a-million Zimbabweans working in the country when their visas expire next month. Some 250,000 Zimbabweans fleeing political and economic crises at home were granted four-year work visas in 2009. The visas have been repeatedly extended, but the government announced there would…

A recent judgment in the Labour Appeal Court (LAC) has re-emphasized that employees have a duty of good faith to their employers, by disclosing material activities that may result in a conflict of interest. In this case, the employee was a sales representative in a business that produced and sold a range of meat products.…

In Perumal v Clover SA (Pty) Ltd [2021] 11 BLLR 1143 (LC), the employee, employed by Clover SA (the Company), was invited to participate in retrenchment consultations.  During the consultation process, the employee requested a breakdown of his severance package.  Thereafter, a manager of the Company issued the employee with a letter, alleged to be an…

An employer’s obligation to provide a safe and healthy working environment for its employees, especially during violence emanating from inter-union rivalry, recently came under the microscope before the Labour Appeal Court (LAC).  The court acknowledged that the Mine Health and Safety Act 29 of 1996 MHSA) is not confined to threats or safety hazards arising at the…

The arbitration award by the CCMA, which found the incapacity dismissal of a particular employee, due to her refusal to comply with the employer’s mandatory ‘vaccination’ policy, as fair, has been receiving a huge amount of attention and has been well publicised in the media. Whilst the constitutionality of mandatory vaccinations has yet to be…

On 21 January 2022, the CCMA published its award in the matter of TM v Goldrush Group (GAJB 24054-21) where it held that the dismissal of an employee who refused to be vaccinated was fair. The Commissioner was tasked with determining whether the employee’s dismissal was substantively fair based on incapacity for her refusal to be vaccinated.. Following…

When seeking to reach an agreement with an employee on the terms of a mutual separation agreement (“MSA”) or in an effort to come to the aid of an employee who faces unemployment after termination, employers might be tempted to misrepresent to the Unemployment Insurance Fund (“UIF”) that an employee was retrenched when in fact…