Ubuntu News
Bargaining Council for the Motor Industry – Extension to non-parties of various Collective Agreements
The Minister of Employment and Labour has declared that the Amending Main Collective Agreement and the Amending Administrative Collective Agreement, which were concluded in the Motor Industry Bargaining Council, as set out in the Schedule to these Notices, be extended to non-parties. This means that the conditions specified therein shall be binding on the parties…
Read MoreCollective Agreement extended to non-parties: National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry
On 29 November 2024, the Minister of Employment and Labour published a notice that the Collective Agreement concluded in the National Bargaining Council for the Hairdressing, Cosmetology, Beauty, and Skincare Industry be extended to non-parties. This means the conditions specified therein shall be binding on the parties who concluded the collective agreement and the other…
Read MoreAbsenteeism
In the matter of MURRAY AND ROBERTS CEMENTATION (PTY) LTD V AMCU OBO DUBE AND OTHERS (JA96 / 2022) [2023] ZALAC 26 (18 OCTOBER 2023), the complexities of workplace absenteeism and disciplinary procedures were highlighted. The employee, an artisan assistant electrician employed since 17 January 2018, was dismissed on 7 November 2019, following a disciplinary…
Read MorePART TIME DOMESTIC WORKERS, EVEN THOSE WORKING ONE DAY A WEEK, MAY BE ENTITLED TO EMPLOYEE BENEFITS.
Households who employ the domestic services of cleaners, cooks, gardeners and pool men – even just once a week, that they could be legally liable for employee benefits if they rendered a service beyond 24 hours monthly. Domestic workers play a critical role in the machine that is South Africa, helping households with children, cooking,…
Read MoreDISMISSAL IN ABSENTIA
WORKING ON FIRE (PTY) LTD V MAFISA AND OTHERS (JR2132/20) [2024] ZALCJHB 104 (6 MARCH 2024)The employee worked as a Regional Manager.The employee wrote an email that amounted effectively to an open letter addressed to all staff of the employer complaining about the appointment of the Regional Manager. In so doing, he questioned the judgment…
Read MoreEmployment Equity Amendments
On Thursday, 28 November 2024, the Government Gazette published a proclamation by the President of the Republic of South Africa confirming the commencement of the Employment Equity Amendment Act 4 of 2022. The amendments will come into force on 1 January 2025. Key amendments include: Suemeya Hanif Kerry-Anne do Couto
Read MoreExtension of validity of Zimbabwean Exemption Permits
On 28 November 2024, on the eve of the expiry of Zimbabwean Exemption Permits (ZEP), Minister Leon Schreiber (Minister) extended the validity of all ZEP’s for an additional period of 12 months until 28 November 2025. The purpose of this extension is to allow the Minister to comply with the duties placed on him by…
Read MoreTHE THIN LINE BETWEEN BEING A BAD MANAGER AND A BULLY IN THE WORKPLACE
Employers and managers have a prerogative to set workplace rules and standards, including performance standards. Oftentimes managers come across as being harsh, bullish, dismissive, or overly critical in attempting to enforce certain workplace standards. It is important for employers, and their employees, to understand at what point such conduct may cross the line and be…
Read MoreDISCREPANCY BETWEEN THE CONSTITUTION AND THE BASIC CONDITIONS OF EMPLOYMENT ACT – PARENTAL LEAVE
In the matter of VAN WYK AND OTHERS V MINISTER OF EMPLOYMENT AND LABOUR (2022-017842) [2023] ZAGPJHC 1213 (25 OCTOBER 2023), the Johannesburg High Court (HC) addressed allegations of unconstitutionality in sections of the Basic Conditions of Employment Act 75 of 1997 (BCEA) concerning maternity, adoption, commissioning surrogacy, and parental leave. The primary issue was…
Read MoreFraudulent sick notes
The applicant was dismissed for submitting fraudulent medical certificates on six occasions. He argued that the dismissal was unfair due to the lack of a face-to-face hearing and claimed that he was unaware of the fraudulent medical practice. However, the commissioner found the written submission process to be fair under the LRA, and the applicant…
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