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Underlying cause in a section 197 transfer? Labour Appeal Court clarifies
The recent Labour Appeal Court (LAC) decision in Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Belinda Perlee (JA01/24) provides further clarification on the interpretation of section 197 of the Labour Relations Act 66 of 1996 (LRA). This matter concerned a dispute over whether employees of Avis Fleet, who were dismissed following a restructuring…
Read MoreNavigating occupational health and safety in the digital economy
The digitalisation of labour has become increasingly prevalent, necessitating a review of occupational health and safety (OHS) protocols and standards. Employers and employees face unprecedented challenges as well as opportunities in the digital workplace. On 25 March 2025, the Department of Employment and Labour released a guide titled “What Every Employer and Employee Should Know…
Read MoreDismissal – 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…
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