South Africa: Employee Benefits & Compensation

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

Suspension vs Special Leave: A Rose By Any Other Name…

The recent decision by the Road Accident Fund ("RAF") to rescind its initial decision to place its CEO on special leave, replacing it with...

South Africa Employment

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ENS

A Timely Reminder For Employers: Compliance With Pension Funds Act Is Non-Negotiable

The recent decision in PRSS Solution (Pty) Ltd v M G Marara and Others by the Financial Services Tribunal (the Tribunal) underscores the crucial responsibility of employers...

South Africa Employment

AA

Adams & Adams

No Shortcut Around The Clock: Tribunal Reaffirms Firm Stance On Condonation In Pension Fund Disputes

In the recent decision of NN and OB Transport CC and Others v Transport Sector Retirement Fund and Others, the Financial Services Tribunal dismissed the employer's application...

South Africa Employment

AA

Adams & Adams

Principles Relating To Condonation For The Failure To Comply With Court Rules Or Directives

The Johannesburg High Court recently delivered a judgment in an application for leave to appeal by the State Attorney against Viwe Notshe SC ("Mr Notshe") and the Solicitor-General of South Africa ("Solicitor-General").

South Africa Litigation

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ENS

High Court Confirms In Duplum Rule Applies To Pension Fund Contributions

South Africa Employment

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Adams & Adams

The Limits Of PFA's Authority In Pension Fund Transfers

South Africa Employment

AA

Adams & Adams

Implications For Employees Earning More Than The New Earnings Threshold

South Africa Employment

FW

Fairbridges Wertheim Becker

Pension Fund Distributions And The Duty To Support Parents

South Africa Employment

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Adams & Adams

The Consequences Of Failing To Pay Pension Fund Contributions

South Africa Employment

AA

Adams & Adams

Employment Equity Compliance And Consultancy Offering

South Africa Employment

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Webber Wentzel

The National Minimum Wage For 2025, And Domestic Workers

South Africa Employment

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Fasken

National Minimum Wage Increases From 1 March 2025 As New Rates Take Effect

South Africa Employment

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Webber Wentzel

Nationwide Crackdown Leads To Hefty Fines: How Employers Must Adapt To Ensure Compliance

South Africa Employment

FW

Fairbridges Wertheim Becker

When Travel Benefits End

South Africa Employment

FW

Fairbridges Wertheim Becker

Fifty Cents, Zero Trust: How A Trivial Shortfall Cost A Teller Her Job

South Africa Employment

FW

Fairbridges Wertheim Becker

South Africa's SCA Reinforces Judicial Support For Arbitration Agreements

South Africa Litigation

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Herbert Smith Freehills Kramer LLP

Client Alert: How One Missed Step Sank A Whistle-Blower Dispute

South Africa Employment

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Fairbridges Wertheim Becker

Not So Fast: When Retrenchment Goes Off The Wall

South Africa Employment

FW

Fairbridges Wertheim Becker

Africa Competition Law Quarterly Round-Up

South Africa Anti-trust

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ENS

Implementation Date For Employment Equity Act Amendments Announced

President Ramaphosa has proclaimed the effective date of the amendments to the Employment Equity Act ("EEA") as 1 January 2025.

South Africa Employment

F

Fasken

Applying The New Labour Court And Labour Appeal Court Rules

New Labour Court and Labour Appeal Court Rules: Which rules will apply to matters instituted before the new rules come into effect on 17 July 2024?

South Africa Employment

FW

Fairbridges Wertheim Becker

Employees v Independent Contractors: A Tax Perspective

The relationship between an employer and an employee differs significantly from that of an employer and an independent contractor, both legally and financially.

South Africa Employment

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ENS

Employment Law In Review 2024

On 12 August 2024, the Labour Court introduced the Court Online system, making it possible to submit urgent applications electronically.

South Africa Employment

FW

Fairbridges Wertheim Becker

Understanding South Africa's New 'Two-Pot' Pensions System

South Africa Employment

TS

The Sovereign Group

Work-Back To The Future: Securing Tomorrow's Talent Today

South Africa Employment

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ENS

Death Benefits: Earning A Salary From A Deceased Does Not Qualify One As A Dependant Of The Deceased

South Africa Employment

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ENS

Use It Or Lose It

South Africa Employment

CE

Consolidated Employers Organisation

A Timely Reminder For Ex-Employers On Requirements To Be Satisfied For Withholding Ex-Employees Pension Fund Benefits

South Africa Employment

AA

Adams & Adams

From Pension To Penalty: Employers Seeking Damages For Employee Misconduct

South Africa Employment

CE

Consolidated Employers Organisation

Sectoral Determinations & Wage Variations Under The NMWA

South Africa Employment

CE

Consolidated Employers Organisation

EPWP Contracts & Learnership Allowances: Implications Of The National Minimum Wage Act

South Africa Employment

CE

Consolidated Employers Organisation

Independent Contractors & CCMA Disputes: Understanding Section 73A

South Africa Employment

CE

Consolidated Employers Organisation

South Africa's Labour Laws For International Businesses: Regulations And Employee Rights

South Africa Employment

Ai

Andersen in South Africa

Sectoral Determinations & Wage Variations Under The NMWA

The National Minimum Wage Act (NMWA) is a landmark piece of legislation aimed at establishing a baseline of fair pay for workers across South Africa.

South Africa Employment

CE

Consolidated Employers Organisation

EPWP Contracts & Learnership Allowances: Implications Of The National Minimum Wage Act

The National Minimum Wage Act No 9 of 2018 (NMWA) has introduced significant changes to labour remuneration in South Africa.

South Africa Employment

CE

Consolidated Employers Organisation

Independent Contractors & CCMA Disputes: Understanding Section 73A

The distinction between employees and independent contractors holds significant legal implications, especially concerning disputes and resolutions at the CCMA.

South Africa Employment

CE

Consolidated Employers Organisation

South Africa's Labour Laws For International Businesses: Regulations And Employee Rights

South Africa's labour laws are among the most comprehensive in the world, designed to protect employees and promote fair labour practices. For international businesses looking to establish...

South Africa Employment

Ai

Andersen in South Africa

South Africa Introduces New 'Two-pot' Pension System – Implications For Expats

South Africa Employment

TS

The Sovereign Group

Is It Unfair To Dismiss Employees Who Reject Vertical Bumping?

In Porter Motor Group v Karachi ("Karachi"), the Labour Appeal Court ("LAC") set out the principles of bumping in retrenchments. It held that the Last In First Out ("LIFO")...

South Africa Employment

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ENS

Lesotho's Updated Labour Act – Promoting Fair Labour Practices And Equitable Employment Relations In Line With Global Standards

Lesotho has enacted the Labour Act, 2024 ("the Act"), which consolidates all labour and employment laws in the country. The Act came into force on 2 April 2024 and repeals the Labour Code Order, 1992 ("the Labour Code").

South Africa Employment

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ENS

Unprotected Strikes – Can Employees Raise Provocation As A Defence?

In South Africa, participating in an unprotected strike constitutes misconduct, warranting disciplinary action. However, item 6 of the Code of Good Practice: Dismissal makes...

South Africa Employment

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ENS

Procedural Fairness In Large Scale Retrenchments: Key Takeaways From Regenesys Management v Ilunga

The Labour Relations Act ("LRA") distinguishes between what can be termed "large scale retrenchments," regulated by sections 189 and 189A of the LRA...

South Africa Employment

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ENS

The Implications Of The New Earnings Threshold For South African Businesses

South Africa Employment

FW

Fairbridges Wertheim Becker

News Flash: National Minimum Wage

South Africa Employment

FW

Fairbridges Wertheim Becker

Effective Restraints Of Trade And The Added Protection Offered By A Penalty Clause

South Africa Employment

AA

Adams & Adams

Johannesburg High Court Affirms Its Duty To Protect The Best Interests Of A Minor Child

South Africa Family

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ENS

The LAC Confirms Labour Court's Jurisdiction In Employer's Claim Against Trade Union For Unlawful Conduct During A Protected Strike.

South Africa Employment

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ENS

Let's Negotiate – Tips For Employers To Improve Their Negotiating Skills

South Africa Employment

CE

Consolidated Employers Organisation

Factors For Consideration By Trustees When Withholding A Member's Pension Fund Benefits

South Africa Employment

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ENS

Aligning Annual Wage Increments With External Realities

South Africa Employment

CE

Consolidated Employers Organisation

May Unpaid Suspension Be Imposed Due To An Employee's Dilatory Conduct During Disciplinary Proceedings?

South Africa Employment

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ENS

Can An Employer Rely On An Employee's Confession To Prove Misconduct?

South Africa Employment

E

ENS

Rising Tides: The National Minimum Wage & Keeping Your Business Buoyant

South Africa Employment

CE

Consolidated Employers Organisation

'Stay-or-Pay' Clauses – A Way For Employers To 'TRAP' Workers In South Africa?

South Africa Employment

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ENS

Employees' Tax Registration Requirement For Non-resident Employers In South Africa

South Africa Tax

SG

SNG Grant Thornton

Retirement: What Is The "Two-Pot" System?

South Africa Employment

BI

Barnard Inc.

Harvesting Rights

South Africa Employment

CE

Consolidated Employers Organisation

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Latest Videos

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Retirement Funds: Key Developments (Video)

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ENS

Cape Talk | TERS And UIF Advice From A Consultant | Lauren Salt

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ENS

Employment Law Issues Faced By South Africa's Retail Sector – Part 2 (Video)

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Bowmans

Management Of The Public Sector Wage Bill (Video)

CD

Cliffe Dekker Hofmeyr

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