by Melanie Hart | Aug 28, 2023 | Employment
At Sibanye Platinum Mine, specific zones are designated as off-limits for items (regarded as contraband) such as cellphones, due to the potential explosion risks which these items pose. Mr. Motswadi, the employee in question, acknowledged that although he hadn’t...
by Melanie Hart | Jul 6, 2023 | Employment
The “enforceability of contracts is essential both for commerce and fair employment practices.” In the recent judgment of Shoprite Checkers (Pty) Ltd v Tebogo Kgatle and Clicks Retailers (Pty) Ltd[1] the High Court upheld the enforceability of a restraint of trade and...
by Bryan White | Apr 19, 2023 | Employment
The interpretation of the exception contained in section 76(1)(b) of the LRA. “An employer who embarks on a lock-out may not, as a general rule, use replacement labour to perform the work of the locked-out employees. There is one exception: if the lock-out “is in...
by Melanie Hart | Apr 17, 2023 | Employment, News
On 12 April 2023 President Ramaphosa signed into law the Employment Equity Amendment Act (“the EEAA”) although the effective date of the EEAA is yet to be proclaimed. The EEAA amends the Employment Equity Act 4 of 2022 by introducing new measures to advance...
by Melanie Hart | Mar 8, 2023 | Employment
Overtime is regulated by section 10 of the Basic Conditions of Employment Act (“BCEA”) which provides that overtime is voluntary and an employer may not require or permit an employee to work overtime except in accordance with an agreement. In the recent judgment...
by Melanie Hart | Feb 23, 2023 | Employment, News
Following our announcement on the increase in the earnings threshold in terms of section 6(3) of the Basic Conditions of Employment Act, 75 of 1997 (BCEA), an amendment has been made increasing the national minimum wage. The Minister of Employment and Labour...
