Posts by CTL Group Holdings
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…
Read MoreOccupational Health and Safety Act 85 of 1993 – Legal Liability for South African Companies
Employers who do not ensure compliance with the Occupational Health and Safety Act may face fines of up to R50 000.00 or one-year imprisonment. Employers found guilty of negligently causing injury to a worker may be fined R100 000 or face two years’ imprisonment. If an employee accidentally dies, the employer may be charged with…
Read MoreEarnings 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,…
Read MoreELECTION 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…
Read MorePRESIDENT 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…
Read MoreEXTENSION OF BARGAINING COUNCIL: FAST FOOD, RESTAURANT, CATERING AND ALLIED TRADES TO NON-PARTIES
The Bargaining Council for the Food Retail, Restaurant, Catering & Allied Trades previously known as the Bargaining Council for the Tearoom, Restaurant & Catering Trade, Pretoria, has been registered since September 1941. Their primary function is to regulate relations between management and labour and to settle disputes between parties. The main agreement will amongst other…
Read MoreDON’T GET FINED OR FACE CRIMINAL SANCTION. ENSURE YOU ARE COMPLIANT
There are health and safety regulations and requirements that every organisation, employer, and employee needs to adhere to and comply with, as stated in the Occupational Health and Safety (OHS) Act 85 of 1993.The Occupational Health and Safety Act (OHS) 85 of 1993 is the law that seeks to protect the well-being and health and…
Read MoreUnfairly barred from employment because of a criminal record
Individuals with a criminal record may be faced with significant challenges when seeking employment. In South Africa, employers may legally exclude an applicant from consideration for LexisNexis. As part of the recruitment process, LexisNexis required Mr O’Connor to declare whether he had ever been criminally charged. Mr O’Connor confirmed that he had been convicted, but…
Read MoreDISCRIMINATION
Since the decriminalisation of the cultivation, possession and use of cannabis for private purposes, there have been several cases in which employees have challenged their employers regarding the banning or restriction of cannabis. The Labour Court recently considered a case of alleged discrimination for religious reasons. · In 2018, the Constitutional Court (CC) decriminalised the cultivation,…
Read MoreLabour inspections are on the rise!
The Department of Labour is cracking down on businesses not complying with the latest regulations. Non-compliance can lead to hefty fines, business closure, and even legal trouble. Stay compliant and avoid these risks by ensuring that all required Legal Charts are displayed. These include: · Basic Conditions of Employment Act: Covers the new earnings threshold and environmental regulations. · Employment Equity…
Read More