Mondaq All Regions - South Africa: Employment and HR
Fasken
Employers of domestic workers must ensure that they pay their domestic workers not less than the prescribed minimum wage.
Adams & Adams
There are three possible instruments that regulate the payment of accrued annual leave upon an employee's termination of employment.
Adams & Adams
In Eskom Holdings v Fipaza & others [2013] 34 ILJ 549 (LAC), in 2006 Ms Fipaza, an employee at Eskom agreed with it that she would go overseas to further her studies but failed to return by a certain agreed date.
ENSafrica
On 18 October 2018, the Compensation for Occupational Injuries and Diseases Amendment Bill, 2018 was published for public comment.
ENSafrica
The South African Constitutional Court recently handed down judgment in Duncanmec Proprietary Limited v Gaylard N.O & Others in which it considered whether the singing of struggle songs, containing words ...
ENSafrica
Striking is a fundamental right enshrined in South Africa's Constitution. However, section 36 of the Constitution accepts that a fundamental right can be limited.
ENSafrica
On Friday, 14 September 2018, the Minister of Mineral Resources (the "minister") published a notice amending Chapter 4 of the regulations relating to explosives, binding in terms of the Mine Health and Safety Act, 1996.
ENSafrica
In Malatji v Minister of Home Affairs and Another, the South African Labour Appeal Court ("LAC") had to determine when mora interest ...
ENSafrica
During the course of recent months, South African Parliament has considered four bills proposing significant changes to South Africa's labour legislation.
ENSafrica
This is calculated on the basis of the terms and conditions that the employee was subject to at the date of dismissal.
ENSafrica
Putco's case was that it had sought to consult comprehensively on all topics, but the unions had consistently obstructed proper consultation.
ENSafrica
In a previous ENSight, we discussed the decision of the Labour Court in Mtati v KPMG Services (Pty) Ltd. In this case, it was decided that employees may not be disciplined if they have resigned "with immediate effect".
ENSafrica
In this case, the CCMA commissioner accepted that the employee had indeed been bullied and victimised.
ENSafrica
In litigation outside the confines of the Labour Court, the general principle is that costs follow the result.
ENSafrica
Extensions in terms of section 23(1)(d) are subject to this requirement.
ENSafrica
It creates the impression that, for all intents and purposes, the assignee becomes an employee of the client.
ENSafrica
The recent judgment of the Labour Court in Rustenburg Platinum Mines Limited v UASA obo Steve Pietersen is a further clear indication of the seriousness with which South African courts...
ENSafrica
Recent case law has shown that the South African courts are prepared to hold employers liable for conduct amounting to sexual harassment perpetrated by their employees.
ENSafrica
In the decision in Rustenburg Platinum Mine and SAEWA obo Meyer Bester and Others, the Constitutional Court dealt with the question of whether an employee referring to a colleague as a "swart man" ...
Fasken
In recent times, and in keeping with the global mood, our courts have significantly tightened the noose on sexual harassment in the workplace.
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Adams & Adams
In Eskom Holdings v Fipaza & others [2013] 34 ILJ 549 (LAC), in 2006 Ms Fipaza, an employee at Eskom agreed with it that she would go overseas to further her studies but failed to return by a certain agreed date.
Adams & Adams
There are three possible instruments that regulate the payment of accrued annual leave upon an employee's termination of employment.
ENSafrica
2017 looks set to bring about unprecedented change in South Africa when it comes to leave relating to the birth or adoption of a child.
ENSafrica
Mr Maas subsequently referred an unfair dismissal dispute to the relevant bargaining council.
ENSafrica
The past year has seen a number of high-profile instances of employees resigning, allegedly to avoid disciplinary proceedings against them. This issue was dealt with in the case of Mtati v KPMG Services (Pty) Limited.
ENSafrica
During the course of recent months, South African Parliament has considered four bills proposing significant changes to South Africa's labour legislation.
ENSafrica
It creates the impression that, for all intents and purposes, the assignee becomes an employee of the client.
ENSafrica
The use of fixed-term employment contracts has been the subject of contention for many years.
Baker & McKenzie
The world needs employees who are willing to stand up and raise alarms about wrongdoing in the workplace, whether it is in providing proof of financial irregularity ...
Dentons
The Commission for Conciliation, Mediation and Arbitration (the CCMA) is a statutory body created for the purposes of addressing employment law disputes through alternative dispute resolution mechanisms.
ENSafrica
On 18 October 2018, the Compensation for Occupational Injuries and Diseases Amendment Bill, 2018 was published for public comment.
ENSafrica
Putco's case was that it had sought to consult comprehensively on all topics, but the unions had consistently obstructed proper consultation.
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