Archive for March 2024
EMPLOYING A DOMESTIC WORKER? HERE ARE YOUR RESPONSIBILITIES
If you employ a domestic worker (regardless of the hours) you are an employer and therefore legally compelled to register with and contribute to certain funds. 1. Compensation Fund All employers of domestic workers must register with the Compensation Fund. The term “domestic worker”includes a worker, a gardener, a driver of a vehicle, and a caretaker in a private household. Despite the majority of domestic…
Read MoreMisconduct in the workplace: Managing labour relations
Recent rulings in cases such as Mondry Ngobeni and 51 Others v Interspray Durban CC [2024] JS739-18 (LC) and SARS v CCMA [2024] JR 2223-20 (LC) offer valuable insights for employers navigating the complexities of labour relations and misconduct. The Mondry case In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for employees,…
Read MoreHARASSMENT: THE CODE OF GOOD PRACTICE AND VICARIOUS LIABILITY
AMATHOLE DISTRICT MUNICIPALITY V COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION AND OTHERS (PA9/2018) [2022] ZALAC 119 (10 NOVEMBER 2022) The employee was employed by the employer stationed at Nxuba Municipality. In February 2015, Mr. F, who was also an employee of the employer, was transferred to Nxuba Municipality. Because of the limited office space, Mr.…
Read MoreIs any agreement capable of enforcement under the Labour Relations Act
Under section 158(1)(c) of the Labour Relations Act 66 of 1995 (LRA), the Labour Court has jurisdiction to, inter alia, make an arbitration award or any settlement agreement an order of court. Over the years, there has been much debate and conflicting judgments on whether a wide or narrow interpretation of “any settlement agreement” should…
Read MoreEARNINGS THRESHOLD
As of 1 April 2024, South Africans will see the implementation of the increased annual earnings threshold determined by the Minister of Employment and Labour (Minister) in the amount of R254,371.67. This represents an increase of R13,261.08 from the previous amount of R241,110.59, which has been in effect since 1 March 2023. The earnings threshold…
Read MoreSubject: Public Holiday 29 May 2024
The Office of the President has confirmed that in terms of section 49(2) of the Constitution, read with section 17 of the Electoral Act 73 of 1998, President Cyril Ramaphosa has proclaimed Wednesday, 29 May 2024 as the date for South Africa’s general national and provincial elections. For this purpose, the President has also declared…
Read MoreTax Rebates Learnerships
Section 12H of the Income Tax Act provides tax incentives to employers who employ people on learnerships. Here’s how it works: 1. Learnership Agreement: The employer and the employee must enter into a registered learnership agreement with SETA (Skills Education Training Authorities) in accordance with the Skills Development Act. 2. Annual Allowance: The employer can claim…
Read MoreSEXUAL HARASSMENT & EMPLOYER VICARIOUS LIABILITY
Many employers are oblivious to their vicarious (indirect) liability in various areas of employment law, incorporating that relating to workplace harassment, including sexual harassment. It’s a real and very serious thing. The bottom line is that an employer can be subjected to the payment of extensive financial damages and fines, should they not comply with…
Read More