Archive for March 2025
Dismissal – Offensive Behaviour
The case of TEMPEST CAR HIRE V LEBYANE JR50/22 [2024] (ZALCJHB) 1 AUGUST 2024 involved the dismissal of the employee following an incident where she made an inappropriate comment towards a colleague, Ms. Tasha Moodley. The dismissal was initially ruled unfair by the Commission for Conciliation, Mediation, and Arbitration (CCMA), but the employer sought a review under…
Read MoreNational minimum wage and Earnings threshold
On 7 March 2025, the Minister of Employment and Labour gazetted a new earnings threshold of R261 748.45 per annum or R21 812.37 per month. In terms of the Basic Conditions of Employment Act (BCEA), all employees earning in excess of the earnings threshold, are excluded from the ambit of certain sections of the BCEA, which primarily…
Read MoreTHE FINE LINE BETWEEN NEGLIGENCE & POOR WORK PERFORMANCE
BY – SHANNON BOTES In any workplace, employees are expected to do their jobs for which they are employed. But what happens when they don’t? It’s important to understand the difference between negligence (misconduct) and poor work performance (incapacity) because each is handled very differently under South African labour laws. Confusing the two can lead…
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