Ending the year

It’s been a very up and down year, some great feats on the sporting front, some gains in the economy and a government of unity to hopefully take us into a new era of prosperity and stability. I take this opportunity to wish all a very Merry Christmas and a wonderful safe and peaceful holiday.…

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DISMISSAL IN ABSENTIA

WORKING ON FIRE (PTY) LTD V MAFISA AND OTHERS (JR2132/20) [2024] ZALCJHB 104 (6 MARCH 2024)The employee worked as a Regional Manager.The employee wrote an email that amounted effectively to an open letter addressed to all staff of the employer complaining about the appointment of the Regional Manager. In so doing, he questioned the judgment…

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Employment Equity Amendments 

On Thursday, 28 November 2024, the Government Gazette published a proclamation by the President of the Republic of South Africa confirming the commencement of the Employment Equity Amendment Act 4 of 2022. The amendments will come into force on 1 January 2025. Key amendments include: Suemeya Hanif  Kerry-Anne do Couto

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Extension of validity of Zimbabwean Exemption Permits

On 28 November 2024, on the eve of the expiry of Zimbabwean Exemption Permits (ZEP), Minister Leon Schreiber (Minister) extended the validity of all ZEP’s for an additional period of 12 months until 28 November 2025. The purpose of this extension is to allow the Minister to comply with the duties placed on him by…

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The Employment Equity Act Amendments are scheduled to take effect on January 1, 2025

The Employment Equity Act Amendments are scheduled to take effect on January 1, 2025. The amendments will introduce various changes including two more important changes being: · Sectoral numerical targets The Minister of Employment and Labour will be able to set targets for economic sectors to ensure that historically disadvantaged groups are represented equitably in…

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Alcohol at Year End Functions

During the holiday season, year-end office parties become a staple event in many companies, bringing together employees to celebrate their accomplishments. However, when alcohol is served at these functions, it introduces a set of responsibilities for employers that go beyond simply hosting a festive gathering. Managing alcohol consumption at these events is critical to ensuring…

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THE THIN LINE BETWEEN BEING A BAD MANAGER AND A BULLY IN THE WORKPLACE

Employers and managers have a prerogative to set workplace rules and standards, including performance standards. Oftentimes managers come across as being harsh, bullish, dismissive, or overly critical in attempting to enforce certain workplace standards. It is important for employers, and their employees, to understand at what point such conduct may cross the line and be…

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DISCREPANCY BETWEEN THE CONSTITUTION AND THE BASIC CONDITIONS OF EMPLOYMENT ACT – PARENTAL LEAVE

In the matter of VAN WYK AND OTHERS V MINISTER OF EMPLOYMENT AND LABOUR (2022-017842) [2023] ZAGPJHC 1213 (25 OCTOBER 2023), the Johannesburg High Court (HC) addressed allegations of unconstitutionality in sections of the Basic Conditions of Employment Act 75 of 1997 (BCEA) concerning maternity, adoption, commissioning surrogacy, and parental leave. The primary issue was…

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