Big changes to parental leave in South Africa

A South African high court has ushered in a new era of parental leave with a landmark ruling that new parents can share four months of parental leave, previously available only to mothers. The case against the Minister of Labour was initiated by Werner and Ika van Wyk as first respondents, and advocacy group Sonke Gender Justice as…

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Truecaller and POPIA

Truecaller warning in South Africa Truecaller says it does not want to speculate on the personal opinions of specialist regulatory lawyers who say that it was likely violating South Africa’s Protection of Personal Information Act (Popia). “Every individual has an inherent fundamental right to know who is calling them, and we enable our users to…

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Take care before you share: The dangers of social media use in the workplace

Advancements in technological gadgets such as smart phones and laptops, as well as the recent breakthroughs made with artificial intelligence, have undoubtedly made our lives easier by enabling us to access information seemingly at the speed of light.  Furthermore, social media platforms such as Facebook, Instagram and X (formerly Twitter) have enabled users to connect…

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Is it unfair to dismiss employees who reject vertical bumping?

In Porter Motor Group v Karachi (“Karachi”), the Labour Appeal Court (“LAC”) set out the principles of bumping in retrenchments. It held that the Last In First Out (“LIFO”) principle is considered a fair selection method as it prioritises those employees who have served the employer for a longer period of time. It also accepted the principle…

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Earnings Threshold R 254371,67 per year

The earnings threshold impacts the application of provisions of the Basic Conditions of Employment Act, 1997 (BCEA), the Labour Relations Act, 1995 (LRA) and the Employment Equity Act, 1998 (EEA). In terms of the BCEA, employees earning in excess of the earnings threshold are excluded from the provisions, which regulate ordinary hours of work, overtime,…

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ELECTION DAY 2024

The upcoming Election Day on Wednesday, 29 May 2024, has been declared a public holiday throughout the Republic of South Africa.  Employers are reminded that it should be treated the same as any other public holiday. For most employees (i.e., those who work a regular week), Election Day would otherwise have been an ordinary working…

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PRESIDENT SIGNS INTO LAW THE BILL WHICH CRIMINALISES HATE CRIMES AND HATE SPEECH

This legislative measure gives effect to South Africa’s obligations in terms of the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia and related intolerance, in accordance with international law obligations. The Constitution sets out certain basic values, including human dignity, the achievement of equality and the advancement of human rights and freedoms…

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