In South Africa, the Labour Relations Act (LRA) 66 of 1995 provides clear guidelines on how disciplinary processes should be conducted in the workplace. One of the most critical principles that underpin fair labour practices is procedural fairness. Procedural fairness refers to the correct process that must be followed when disciplining an employee. Even [...]
South Africa’s Labour Laws are constantly evolving, making it essential for employers to stay up-to-date with any amendments. Compliance not only protects your business from legal repercussions but also fosters a positive work environment. Here’s a quick guide to what employers should be aware of when it comes to Labour Law amendments in South Africa. [...]
Importance of Following a Fair and Consistent Disciplinary Procedure Fairness and Consistency: Both are pillars of legal and ethical management. Fairness involves treating all cases with impartiality and without bias, whereas consistency requires similar cases to be handled in similar ways, regardless of the individuals involved. This approach protects the organization from legal disputes by [...]
Seun Mahlangu 1)What is CCMA conciliation? Conciliation is a process before the CCMA, a Bargaining Council, or an accredited agency, where a conciliator will try to assist parties, usually an employer and an employee, to resolve a workplace dispute. 2)Steps to prepare for a conciliation meeting. The conciliator may start the process by meeting jointly [...]
Monday, 15 January 2024 [...]
No. A fixed term contract and probation are not the same in South African law. They serve different purposes and have different legal implications. A fixed term contract is a contract of employment that terminates on a specified event, task, project, or date. It is regulated by Section 198B of the Labour Relations [...]
A Remarkable Turn of Events: How a Fatal Error Became a Game-Changer in the CCMA In a dramatic twist that left legal experts astounded, renowned Labour Law Consultant Firm, WHM, emerged victorious in a high-stakes case that seemed destined for failure. The three-day continuation case, which was anticipated to drag on, concluded with an unexpected [...]
South African Labour Law on Deducting Pay Employer sometimes wishes to make deductions from an employee’s salary to recover a debt which the employee owes to the employer. The debt could have arisen in different ways – such as a loan, damage to company property, theft, fraud, or even overpayment of salary. At first glance, [...]
Employment and Labour Minister, Thulas Nxesi (Minister), has announced that the National Minimum Wage Act (NMWA) has introduced a new National Minimum Wage (NMW). South African workers will see the implementation of the increased annual earnings threshold determined by the Minister, in the amount of R224,080.48. This represents an increase of R12,484.18 from the previous [...]
Recently the big red spotlight has been placed upon the South African government concerning Bullying, Harassment, and Violence in the workplace. They created the Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the workplace in response, and revealed it in August 2021. The Draft Code introduced a wider [...]
