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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…
Read MoreChallenges in regulating the use of artificial intelligence
Artificial intelligence (“AI“) has seen rapid growth in recent years. The release of ChatGPT in November 2022 and several other AI developments have created a frenzy where individuals and businesses are seeking to deploy and leverage AI in their everyday lives. However, the rate at which AI is being developed far exceeds the creation of…
Read MoreAI in the workplace
Artificial Intelligence (AI) transforms workplaces in ways we couldn’t have imagined a decade ago. From streamlining repetitive tasks to assisting with complex problem-solving, employees use AI tools like ChatGPT, DALL-E, and other generative AI software to enhance productivity and creativity. While this is great news for innovation, it raises important questions about control, security, and…
Read MoreNATIONAL MINIMUM WAGE
The national minimum wage (NMW), will increase with effect from 1 March 2025. There will also be an increase of the minimum wage in certain specified sectors. R28,79 per hourThe minimum wage of R27,58 per hour will increase to R28,79 per hour (an increase of approximately 4,4%). The new minimum wage sets a new baseline…
Read MoreBargaining Council for the Motor Industry – Extension to non-parties of various Collective Agreements
The Minister of Employment and Labour has declared that the Amending Main Collective Agreement and the Amending Administrative Collective Agreement, which were concluded in the Motor Industry Bargaining Council, as set out in the Schedule to these Notices, be extended to non-parties. This means that the conditions specified therein shall be binding on the parties…
Read MoreThe Department of Employment and Labour workplace inspection process
Labour Inspectors (Inspectors), appointed and empowered under Chapter 10 of the Basic Conditions of Employment Act, 75 of 1997 (BCEA), have the duty to ensure compliance with our various labour legislations. It is for this purpose that the Department of Employment and Labour has set up an Inspection and Enforcement Services Programme (IES) which aims…
Read MoreCollective Agreement extended to non-parties: National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry
On 29 November 2024, the Minister of Employment and Labour published a notice that the Collective Agreement concluded in the National Bargaining Council for the Hairdressing, Cosmetology, Beauty, and Skincare Industry be extended to non-parties. This means the conditions specified therein shall be binding on the parties who concluded the collective agreement and the other…
Read MoreAbsenteeism
In the matter of MURRAY AND ROBERTS CEMENTATION (PTY) LTD V AMCU OBO DUBE AND OTHERS (JA96 / 2022) [2023] ZALAC 26 (18 OCTOBER 2023), the complexities of workplace absenteeism and disciplinary procedures were highlighted. The employee, an artisan assistant electrician employed since 17 January 2018, was dismissed on 7 November 2019, following a disciplinary…
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