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: […]
Year: 2023
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 […]
Provisions on parental leave declared unconstitutional
The High Court has delivered a ground-breaking judgment declaring provisions of the Basic Conditions of Employment Act on parental leave unconstitutional. In the judgment, Sutherland DJP found that the provisions discriminate unfairly between mothers and fathers, and between birth-mothers and mothers through surrogacy and adoption, in relation to the amount […]
Dismissal for Assault of Shoplifters
The employee worked at the Game store in Evaton. He challenged his dismissal for assault of shoplifters who were stealing from the store. The evidence was that he would slap them or hit them with a nearby object, and some of the shoplifters would cry as they were in pain. […]
Claim of Constructive Dismissal Linked to Disability Unsuccessful
Ms Lagadien was a disabled employee of the Department of Science and Technology. She resigned and claimed that she had been subject to a constructive dismissal linked to disability, and that her dismissal was automatically unfair based on her disability. Her main complaints related to the employer not providing her […]
Solidarity Employment Equity Dispute Settled
Trade union Solidarity and the government have concluded a settlement agreement regarding a Solidarity employment equity dispute. The settlement stems from a complaint referred to the International Labour Organization (ILO) regarding the government’s approach to employment equity. Solidarity complained that the country’s employment equity legislation puts too much emphasis on […]
Lawyers to Pay Back Legal Fees
The Labour Court has ordered lawyers to pay back legal fees charged to their clients and not to charge further legal fees for work done. The order includes the attorneys and the advocates who were involved in the matter. Sethene AJ (am acting judge), in a scathing judgment, began with […]
