Category: Labour Briefs

South Africa’s new personal information laws come into force 1 July 2020

June 2020 LABOUR BRIEF NO. 429 South Africa’s Protection of Personal Information Act (Popia) will finally come into force on 1 July 2020. The Act has been put into operation incrementally, with a number of sections having been implemented in April 2014. The legislation aims to promote the protection of personal information processed by public…

The Autonomy of the New World of Work for the Workforce after COVID-19 Malebo Maholo (SABPP – February 27, 2020)

June 2020 LABOUR BRIEF NO. 428 The new world of work has afforded many professionals ranging from Baby-Boomers to Generation Y’s with a spread of options of work, while their deliverables are ascertained by their nature of work. Although countless entrants and professionals may primarily opt to work on a full-time basis in organisations, the…

MINIMUM WAGES

May 2020 LABOUR BRIEF NO. 427 Employers and Employees need to understand the National Minimum Wage Act. (NMWA). The first anniversary for enactment of the NMWA has long gone and by now the initiation by DEL of the inspectorate program is well underway. The legislation provides for the creation of the National Minimum Wage Commission…

Forced Sick Leave and 3 other things South African Employees should know about the Covid-19 Corona Virus (Business Tech 13 March 2020)

April 2020 LABOUR BRIEF NO. 426 Law firm Webber Wentzel said that the Occupational Health and Safety Act places an express obligation on the employer to maintain a working environment that is safe and healthy. “On the issue of a healthy working environment, the employer must ensure that the workplace is free from any risk…

Can an Employee Resign to Avoid Disciplinary Action? (Law@Work)

March 2020 LABOUR BRIEF NO. 425 Employers often ask about the legal rules that apply in the situation where an employee chooses to resign rather than to face a disciplinary hearing.  The starting point is that Employers are legally permitted to discipline their employees when they commit misconduct.  If found guilty thereof, the employee’s employment…

‘Substantively unfairly dismissed’ employees may not always be reinstated’

February 2020 LABOUR BRIEF NO. 424 Sections 193(1) and (2) of the Labour Relations Act list a hierarchy of remedies available to employees who are found to have been substantively unfairly dismissed in arbitration hearings. On the one hand retrospective reinstatement is a remedy limited to cases of substantively unfair dismissal.  On the other hand,…

UIF Gears Up for Parental Leave and Benefits

December 2019 LABOUR BRIEF NO. 423 (Michael Yeates and Arlina Ramothar) On 1 November 2019, s8,11,15 and 16 of the Labour Laws Amendment Act 10 of 2018(Act) comes into effect The amendments see the much awaited implementation of parental benefits in terms of the Unemployment Insurance Act 63 of 2001 (UIA). The Act provides that…

What Constitutes a Temporary Employment Service?

October 2019 LABOUR BRIEF NO. 421 In CHEP South Africa (Pty) Ltd v Shardlow NO and Others [2019] 5 BLLR 450 (LC), 201 workers were employed by Contracta-Force Corporate Solutions (Pty) Ltd (C-Force) to repair wooden pallets on behalf of CHEP South Africa (Pty) Ltd (CHEP). The workers, claiming that C-Force was a temporary employment…