Employers undertaking restructuring or outsourcing should take careful note of an August 2025 judgment by the Labour Appeal Court (LAC) wherein it was found that, due to the automatic nature of section 197 transfers between employers, employees need not tender their services to the new employer to enforce their rights. The LAC re-affirmed
Heidi Davis
Principles of common purpose doctrine for violence during strike action
By Heidi Davis on
In a January 2024 judgment the Labour Court reaffirmed the principles pertaining to the doctrine of common purpose in relation to violent acts committed by groups of employees during strike action.
In November 2018, about 2500 employees of a pharmaceutical retailer embarked on a protected strike which was subject to picketing rules. Following non-compliance with…
Increase in the National Minimum Wage effective 1 March 2024
By Heidi Davis on
This blog was co-authored by Likho Chitha, Candidate Attorney
On 1 February 2024, the Minister of Employment and Labour increased the national minimum wage by 8.5% from R25.42 to R27.58 for each ordinary hour worked from 1 March 2024.
The increase will apply to most workers, including farm workers and domestic workers whose minimum…