Category: Labour Briefs

High Level Employees on Probation

09th February 2018 LABOUR BRIEF NO. 406 As a rule employers should give newly-appointed employees some time to settle in before deciding on their suitability for the job. But would it be fair to expect an employee appointed to a high level job to ‘hit the ground running’? The guidelines for dealing with probation (Item…

South Africans working and living aboard – the excon considerations

09th November 2017 LABOUR BRIEF NO. 405 Over the past few months, the taxation of foreign employment income earned by South African residents and the proposal by National Treasury (Treasury) to repeal the provision that exempted such income from the payment of tax, has drawn a lot of attention. Most recently, Treasury indicated that it…

Unfair Demotion will be punished by CCMA

09th September 2017 LABOUR BRIEF NO. 404 Employers fairly frequently demote employees. This could be for any of many legitimate and illegitimate reasons including: • The boss dislikes the employee • The employee has broken a rule • The employee’s work performance is unsatisfactory • The boss wants to create a vacancy for somebody else…

How not to dismiss a labour broker’s (or any) employee

09th August 2017 LABOUR BRIEF NO. 403 Overview Temporary Employment Services, also known as labour brokers, has been much in the spotlight amidst trade union demands for its abolition. One particular problem is violations of the rights of labour brokers’ employees in terms of contractual arrangements with their clients. In Groenewald / Keystone Projects Recruitment…

Capes News Flash

To view that latest news flash from Capes please click on the link below: Capes News Flash 31.07.2017 To view the Assign application please click on the link below: Assign Application  

CAPES: It’s Business as Usual For Temporary Employment Services

24 July 2017 Article republished courtesy of CAPES On 10 July 2017, the Labour Appeal Court handed down its Judgment in the Assign Services matter. This relates to the latest stage of legal action taken to gain certainty about the interpretation of the LRA amendments, particularly clause s198A commonly known as the “deeming provision”. Essentially,…

Constructive dismissal FAQs

09th May 2017 LABOUR BRIEF NO. 400 Questions on which a claim for unfair constructive dismissal by an employee can stand or fall. Constructive dismissal Must an employee have been employed for a particular period of time before he or she can claim constructive dismissal? Is an employer required to deal with a grievance raised by an…

Employment Services Board (ESB) 14 & 15 March 2017

09th April 2017 LABOUR BRIEF NO. 399 Overview The newly elected Chairperson Mr Muzi Maziya presided over the two days, which were regrettably poorly attended, as the Board meeting dates were communicated at short notice, therefore a number of board members were unavailable. The Chairperson previously worked at the Department of Labour under the mentorship…

Media Statement: Unemployment Insurance Amendment Act

Kindly be advised that the Unemployment Insurance Amendment Bill had been passed in the NCOP on 22 November 2016. In summary, the Bill has the following aspects: ·  Increase UIF benefits from 238 to 365 days. ·  Increase maternity leave benefits to 66%, which will no longer be deducted from the mother’s unemployment insurance benefit.