“Whilst we have made some progress, there is still a long way to go as there are many who are still holding on to outdated historic tendencies … ‘Apartheid hangover’, others call it.” These were the words of Minister of Labour, Nelisiwe Mildred Oliphant, when she launched the 17th Commission for Employment Equity
Karen Ainslie
Do employees who are pregnant or on maternity leave enjoy any special protection in the event of redundancy in South Africa?
By Karen Ainslie on
Under South African Labour Law, employees who are pregnant or on maternity leave enjoy extensive protection from discriminatory conduct and dismissal if such discrimination or dismissal is directly or indirectly based on their pregnancy. In terms of section 187(1)(e) of the Labour Relations Act, 1995 (LRA), any dismissal based on pregnancy is an…
How to use social media – and the consequences if you step out of line
By Karen Ainslie on
Employees are under the mistaken belief that what they do in their time away from the office, specifically on social media, is private and beyond the reach of their employer’s control.
They fail to consider that they could face disciplinary action for their online rants and comments. This could be fatal to their employment. The…
How should the directors’ fees of Non-Executive Directors be treated for tax purposes?
By Karen Ainslie on
Historically there has been some uncertainty on the tax treatment of fees paid to a Non-Executive Director (NED). SARS has recently issued two Binding General Rulings (rulings), the purpose of which is to set out SARS practice. Taxpayers are not bound by these rulings because they do not constitute law. SARS however is bound by…
Negative vetting as a ground for automatic termination of a contract of employment
By Karen Ainslie on
Employers are entitled to include a condition in a contract of employment that a person’s appointment is subject to a positive vetting and screening process and, if the outcome is negative, the contract will terminate automatically.
In the Labour Appeal Court decision of Nogcantsi v Mnquma Local Municipality and Others (2017) 38 ILJ 595 (…
“Facially unacceptable” – An inexcusable ground for discrimination
By Karen Ainslie on
This article was written by Purnel Gangiah, a Candidate Attorney at Norton Rose Fulbright South Africa
The mere fact that an employer considers an employee to be disabled does not necessarily mean that the employee is in fact disabled and cannot fulfill its normal duties at work.
In Smith v Kit Kat Group (Pty) Ltd…
Consultation is the key to employment equity
By Karen Ainslie on
This article was written by Mlungisi Khambule, an Associate Designate at Norton Rose Fulbright South Africa
The duty to consult appears throughout labour law. It is also an important pillar to achieving employment equity in South Africa. With the wave of department of labour inspections for employment equity compliance persisting, it is important to understand…
Twelve things to know about rights that workers have to rest breaks in South Africa
By Karen Ainslie on
This article was written by Verushka Reddy, a Director and Erwyn Durman, a Candidate Attorney at Norton Rose Fulbright South Africa
Employers and employees should be aware of the following twelve main principles in relation to rest breaks at work.
Rest Breaks
- Rest breaks are regulated by the Basic Conditions of Employment Act, 1997. The
…
Constitutional Court takes a vehement stance against racism in the workplace
By Karen Ainslie on
This article was written by Erwyn Durman, a Candidate Attorney at Norton Rose Fulbright South Africa
Employers now have the authority to sanction serious cases of racism with a dismissal. The Constitutional Court by overturning contrary judgments of the Labour Court and the Labour Appeal Court: ruled categorically that a dismissal is an appropriate remedy…
Where winning is everything: the renewal of fixed-term contracts in professional sports
By Karen Ainslie on
This article was written by Lee Crisp, an Associate at Norton Rose Fulbright South Africa
Fixed term contracts are favoured by employers in the sports industry. As professional sport is heavily performance driven, fixed term contracts give employers a measure of flexibility in contracting with employees. While fixed-term contracts have benefits, both employees and employers…