Leading commentary and perspectives on employment and labor law
On Friday, 12 May 2023, the Minister of Employment and Labour (the Minister) published the long-promised sectoral targets. The draft sectoral targets can be viewed here.
The draft sectoral targets follow on the President signing the Employment Equity Amendment Act, 2022 (the Amendment Act) into law on 14 April 2023.
The Amendment Act introduces…
In a unanimous judgment, the Constitutional Court has brought certainty to the test for derivative misconduct and what an employer who wants to rely on such conduct must prove to justify dismissal. This judgment is National Union of Metalworkers of South Africa obo Khanyile Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Ltd…
The Labour Appeal Court (LAC) has reaffirmed that employers must be tolerant of employee religious beliefs.
In TDF Network Africa (Pty) Ltd v Deidre Beverley Faris, it ruled that the employee was discriminated against and unfairly dismissed for practising her religion. Faris, a Seventh Day Adventist, refused to attend monthly Saturday stock takes…
South African labour law does not have any specific legislation solely dealing with compassionate leave in the event of bereavement. However, the Basic Conditions of Employment Act, 1997 (BCEA) provides for what is termed family responsibility leave.
The BCEA was introduced specifically to give effect to the right to fair labour practices by…
South Africa has no formal guidelines or regulations canvassing the often controversial topic of office dress code. However both the Employment Equity Act of 1998 (EEA) and the Labour Relations Act No 66 of 1995 (LRA) contain provisions outlawing discrimination and dismissals related to discrimination. What is deemed appropriate will be…
Where employees take part in a strike, albeit protected, they run the risk of being held in contempt of court and being held personally liable for a fine or even imprisonment. This is if they step outside the realm of acceptable conduct that has been sanctioned by a court order. This applies even if employees…
Technological advancements in artificial intelligence will impact heavily on the transportation industry and jobs. Artificial intelligence in the transport industry is a double-edged sword. While it will create new job opportunities, the technology will render others obsolete. The question around the use of autonomous self-driving cars is no longer hypothetical. All Tesla vehicles have the…
Shortly after the dawn of our democracy, our labour law regime was completely overhauled with the enactment of the Labour Relations Act 66 of 1995 (LRA). The vision for this legislation was to provide simple procedures for the resolution of labour disputes. This was not simply for expediency; it was in the context…
The extension of collective agreements to minority union members based on the principle of majoritarianism does not unreasonably limit the constitutional right to strike.
In Association of Mineworkers and Construction Union and others v Chamber of Mines of South Africa and others [2017] 7 BLLR 641 (CC). The Chamber of Mines on behalf of various gold mining companies concluded a collective wage agreement with major trade unions (NUM, Solidarity and UASA) who together represented a majority of workers in the gold mining sector. The Association of Mineworkers and Construction Union (AMCU) refused to sign the agreement and gave notice that it would strike for higher wages than that agreed to in the collective wage agreement.
Dealing with employees and contractors comes with risk and compliance with the many commercial and employment laws – including health and safety – can be burdensome. While accidents in the workplace are often not completely avoidable, employers need to show they have done enough to avoid them.
The Occupational Health & Safety Act, 1993,…
