The new Labour Court rules 2024 as well as the new Labour Appeal Court rules 2024 have been published. They contain a number of significant amendments relating to a range of procedural matters. They are designed to regulate and streamline processes and to address issues / challenges resulting from the […]
Arbitrary Discrimination based on Criminal Record
The Labour Court has delivered a judgment in a case involving a claim of alleged arbitrary discrimination based on criminal record. The facts were as follows: Mr Elsworth applied for a job with LexisNexis. During the job application process, he disclosed that he had a criminal conviction from 2001 which […]
2024 BCEA Earnings Threshold Announced
The Minister of Employment and Labour has published a notice regarding the 2024 BCEA earnings threshold increase. The increased earnings threshold is an amount of R254 371.67 per annum. The new 2024 BCEA Earnings Threshold will take effect on 1 April 2024. The earnings threshold prior to the increase is […]
Labour Court: Unpaid Suspension for Employees who Delay Disciplinary Hearings
The Labour Court has delivered a judgment dealing with unpaid suspension for employees who delay disciplinary hearings in a matter involving Arcelormittal and its employee, Mr Strydom. The employer instituted disciplinary proceedings against the employee and placed him on paid suspension. However, during the course of the hearing, the employee […]
Labour Court Judgment on Common Purpose
The latest Labour Court judgment on common purpose has been delivered in a matter involving Dis-chem. Employees embarked on a protected strike. There were various acts of violence and disorderly conduct during the strike. The Labour Court (per Van Niekerk J) granted an interdict against breaches of the picketing rules. […]
Register for the Labour Law News Conference 2024
Registration is now open for the Labour Law News Conference to be held at Focus Rooms in Johannesburg on 29 February 2024. Speakers include Cameron Morajane (the Director of the CCMA), Anton Myburgh SC (Senior Counsel: Johannesburg Bar), Aadil Patel (Head of Employment Department: Cliffe Dekker Hofmeyr), Tanya Venter (CEO: […]
CCMA Operating Hours during the Festive Season
The CCMA has issued the following communique regarding CCMA operating hours during the festive season: Dear CCMA Users and Stakeholders, It is that time of the year again where festivities and cheer fill the air as we reflect on the course this year has taken with those dear to us. […]
National Minimum Wage Commission Report 2023
The National Minimum Wage Commission Report 2023 has been published in the Government Gazette. It contains recommendations regarding an increase to the national minimum wage. The majority of Commissioners (8 out of 11) have recommended an increase of CPI +3%. The other 3 Commissioners have recommended an increase which is […]
Prohibition of staff holding political office unconstitutional
The Systems Act, which applies to municipalities, contains a prohibition on staff holding political office in a political party. SAMWU challenged the prohibition as being unconstitutional in relation to non-managerial staff. It argued that the prohibition serves no rational purpose and is an unjustified limitation of the constitutional right to […]
Appointment of Johannesburg City Manager Set Aside
The appointment of the Johannesburg City Manager was set aside by the High Court in a judgment delivered on 7 November 2023. The Democratic Alliance launched an urgent application in which it sought an order setting aside the appointment of Floyd Brink, the City Manager. It argued that: the process […]
