The Minister of Employment and Labour has, in terms of the Basic Conditions of Employment Act (BCEA) earnings threshold, revised the rate from R224 080.48 to R241 110.59 pa, effective from 1 March 2023. Government Gazette No. 48092, notice No. 3067 of 20 February 2023 refers. Earnings means the regular annual remuneration of an employee…

What are some of the important principles governing the applicability of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (‘COIDA’) in the above circumstances as opposed to the employer’s civil liability? An employee arriving at work is faced with a group of striking workers, who proceed to abuse her emotionally… A doctor…

With the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace published earlier this year, harassment in the workplace is the subject of many training sessions, both on the shop floor and in boardrooms. The importance of this education cannot be overstated given how prevalent harassment is in our country,…

Due to persistent load shedding since the end of 2022, the question of payment has again been raised:  Do employers have to pay employees during periods that they cannot work as a consequence of load shedding?  We addressed the question previously, but the principles are worth repeating. Our understanding is as follows: 1.  The normal rule…

Sexual Harassment — Liability of EmployerIn Amothole District Municipality v Commission for Conciliation, Mediation & Arbitration & others (at 109) the Labour Appeal Court was satisfied that the evidence before the CCMA clearly showed that the conduct complained of was consensual, and that the employee had failed to prove sexual harassment. The employer was, in…

In National Education Health and Allied Workers Union on Behalf of Buqa v Department of Health (Western Cape) and Others (2022) 43 ILJ 2363 (LC), the employee was employed by the Department of Health (the employer) at the New Somerset Hospital. While on duty, the employee stole a backpack belonging to a patient while the patient…

National Union of Metalworkers of SA on Behalf of Dhludhlu and Others v Marley Pipe Systems (SA) (Pty) Ltd (2022) 43 ILJ 2269 (CC) In South Africa (SA), the winter season has been dubbed as the ‘strike season’ as it is the time of the year when wage negotiation disputes breakout. Section 23 of the…

In a milestone judgment has been handed down on by the labour appeal court (“LAC”) in  MOTOR INDUSTRY STAFF ASSOCIATION OBO LANDMAN V GREAT SOUTH AUTOBODY The legal position in relation to retirement and dismissal based on age in terms of section 187(2)(b) of the Labour Relations Act, 66 of 1995 (“LRA”) has finally been…

Discrimination on religious grounds based on the inherent requirements of the job is fair In Ismail v Life Entabeni Hospital, the Commission for Conciliation, Mediation and Arbitration (“CCMA”) had to decide whether an employee had been unfairly discriminated against on the basis of her religion as a result of the employer’s “bare below the elbow” policy…

The recent announcement of the resumption of load shedding throughout the country may have severe implications for business and labour relations. Employers and employees should know their rights and duties during periods of interrupted power supply. Employers need to ensure that they comply with labour law requirements while at the same time, implementing measures to…