New national minimum wage and earnings thresholds from 1 March 2021
1 March 2021 sees a new National Minimum Wage in place, plus an increase in the “earnings threshold” provided for in the Basic Conditions of Employment Act (BCEA). Quoting from the Employment and Labour Minister’s formal announcement of the changes, we set out the increases for employees generally, as well as those for each of […]
Our brave new world: Using Zoom for retrenchment consultations
The COVID-19 pandemic will doubtless lead to many new developments on the legal front. For example, with widespread employee retrenchment now an unfortunate reality in our struggling economy, all employers, employees and trade unions should know of an important new Labour Court decision validating the use of remote conferencing for the retrenchment consultation process. The […]
Directors: Reckless Trading and Personal Liability in the Time of Coronavirus
The COVID-19 pandemic and its ongoing economic fallout have left many businesses struggling with cash flow and even viability challenges. The result is that an increasing number of companies are either trading in insolvent circumstances, or in grave danger of doing so. Reckless trading and your risk of personal liability To quote from the Companies […]
Unemployed, Can’t Pay Bond and Credit Instalments? “Credit Life Insurance” May Save You
If you are one of the many employees retrenched or put on short pay or unpaid leave as a result of the COVID-19 crisis and lockdown, you will be wondering how to cover the monthly instalments on your mortgage bond and other credit agreements. You have no doubt heard of the “payment holidays” banks are […]
Employers: What is your duty to accommodate religious beliefs?
“The employer has a duty to reasonably accommodate an employee’s religious freedom unless it is impossible to do so without causing itself undue hardship. It is not enough that it may have a legitimate commercial rationale. The duty of reasonable accommodation imposed on the employer is one of modification or adjustment to a job or […]
Equal pay for equal work – Can you differentiate without unfairly discriminating?
“Prohibition of unfair discrimination: No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or […]
Paternity leave and minimum wages – How will the new laws affect you?
Employers and employees need to know about four new Acts which will usher in important changes to our labour laws. The summary below is a short one of only those changes likely to affect a significant number of people and businesses, so take advice on your specific circumstances. In a nutshell – Parental leave extended […]
WERKNEMERS: MOET JY OORTREDERS AANMELD? ‘N GEWELDDADIGE STAKING ILLUSTREER DIE PUNT
“…’n werknemer moet die belange van die werkgewer in goeder trou beskerm. As die werknemer weet van optrede van ander wat die belange van die werkgewer ondermyn, is die werknemer verplig om dit ten minste aan te meld. Die werknemer kan nie net bloot stilbly terwyl die werkgewer voortdurend op onwettige wyse benadeel word nie.” […]
EMPLOYEES: MUST YOU REPORT WRONGDOERS? A VIOLENT STRIKE ILLUSTRATES
“…an employee bound implicitly by a duty of good faith towards the employer breaches that duty by remaining silent about knowledge possessed by the employee regarding the business interests of the employer being improperly undermined.” (Extract from judgment below.) Our laws and courts provide strong protection for the right of employees to go on strike, […]
WERKNEMERS: IS JOU INSKRYWINGS OP SOSIALE MEDIA PRIVAAT?
“Die reg op privaatheid, soos ander regte, is nie absoluut nie.” Ons regspraak het dit al duidelik gemaak dat beledigende of afbrekende kommentaar oor jou werkgewer of jou kollegas wat jy op sosiale media platforms plaas as wangedrag gesien kan word. Dit kan aanleiding gee tot dissiplinêre stappe teen jou en dit kan selfs tot […]