NUMSA is one of South Africa’s largest and most well-established unions. It was established to operate in the the metal workers industry, but has since broadened its recruitment activities beyond that industry. What it has not done, however, is to amend its constitutional scope to include industries in which it […]
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Inherent requirements of the job and operational requirements
The Labour Appeal Court has delivered a judgment dealing with the intersection between inherent requirements of the job and operational requirements. The judgment dealt with a situation where the employer implemented a “Chinese model” and replaced South African employees with Chinese employees. Mr De Bruyn, one of the South African […]
Directive on Covid Vaccination of Employees
With the national Covid-19 vaccination drive well underway, the Minister of Employment and Labour has published a directive on covid vaccination of employees, and on related health and safety matters. The directive requires employers to conduct risk assessments, imposes various reporting obligations on employers. It also deals with employees’ refusal […]
Judgment: Reviewing Disciplinary Hearing Outcomes
The Labour Appeal Court has delivered a judgment on 2 July 2021, in Anglo American Platinum Limited v Beyers and Others, dealing with when it is permissible for employers in the private sector to engage in reviewing disciplinary hearing outcomes and altering the sanction imposed by the disciplinary chairperson. The […]
Basic Conditions of Employment Act Earnings Threshold
The Basic Conditions of Employment Act Earnings Threshold has been increased with effect from 1 March 2021, in terms of a notice published in the Government Gazette by the Minister of Employment and Labour. The threshold will increase to R211 596.30 per annum, representing an increase of around R6 000 […]
Labour Bills Published for Comment
The Portfolio Committee on Employment and Labour has invited comments on the following Bills by 19 February 2021: Employment Equity Amendment Bill [B14-2020] The aim of the Bill is “To amend the Employment Equity Act, 1998, so as to amend a definition; to insert certain definitions, to substitute a definition […]
Constitutional Court confirms application of COIDA to domestic workers
Up until now most categories of employees have been covered by COIDA, which provides for compensation for workers who are injured at work. A category of employees who have until now been excluded from this benefit are domestic workers. However, on Monday, 19 November 2020, the Constitutional Court confirmed application […]
Re-Opening of TERS Applications
The Re-opening of TERS Applications has been announced with effect from Monday evening, 23rd November 2020. This means that Employers will once be able to apply for TERS benefits for their employees who are still not receiving their full salaries. The TERS Scheme has cost the Government billions of Rands […]
Aveng v NUMSA Constitutional Court Judgment
The landmark Aveng v NUMSA Constitutional Court judgment was handed down today. It deals with when an employer may retrench employees who do not accept changes to their terms and conditions of employment. Section 187(1)(c) of the Labour Relations Act renders a dismissal automatically unfair if the reason for the […]
LAC to hear public sector wage dispute as court of first instance
The Labour Appeal Court will hear the matter pertaining to the public sector wage dispute on 2 December 2020. In an unusual move, the LAC (which ordinarily only hears appeals against Labour Court judgments) will hear this matter sitting as a court of first instance. The matter involves a major […]
