Employment and Labour Law

Article courtesy of Law Dot News | Employment & Labour Law - Fixed Term Contracts Fixed Term Contracts: A Guide for Employers and Employees It’s vital for both employers and employees to understand the practical and legal differences between permanent and fixed term employment arrangements. What is a fixed term contract? A fixed term contract is a temporary employment arrangementRead more

From 1 April 2025, the earnings threshold under the Basic Conditions of Employment Act (BCEA) will increase, impacting not only the BCEA but also employee protections under the Labour Relations Act (LRA) and Employment Equity Act (EEA). Broadly speaking, employees earning less than the threshold amount are entitled to stronger labour protections. The new threshold The threshold rises by only 2.9% this

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Article courtesy of Law Dot News | Employment and Labour Law - Minimum Wage New National Minimum Wage The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased from 1 March 2025 by 4.4% from R27,58 per hour to R28,79 per hour. Domestic workers: Assuming a work month of 22 days x 8 hours per day, R28,79Read more

Article courtesy of Law Dot News | Employers - Severance Pay on Retrenchment Employers: How to Avoid Paying Severance Pay on Retrenchment “Only in our dreams are we free; the rest of the time we need wages.” (Terry Pratchett) Retrenching employees can be an expensive business. You’ll have to pay each employee a minimum of one week’s pay for eachRead more

“One of the hallmarks of an enlightened egalitarian society is the right to freedom of religion.” (Extract from judgment below) Our courts do not tolerate unfair discrimination in the workplace, and employers need to tread particularly carefully when it comes to the concept of “automatically unfair discrimination”. Get that one wrong and you could be penalised with an order to

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Article courtesy of Law Dot News | Employment and Labour Law - 13th Cheques Employers: Must You Pay 13th Cheques? “The best investment you will ever make are your employees” (Peter Drucker) As the end of the year approaches, many employees are eagerly awaiting their 13th cheque or year-end bonus. However, not every employer is in a position to payRead more

“It takes leadership to improve safety.” (Jackie Stewart, Formula 1 legend) One of your key duties as an employer is to create a working environment in which your employees are protected from harassment and abuse. As a recent High Court judgment graphically illustrates, dropping the ball will cost you dearly. Meet the protagonists The cast of characters in this unhappy

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Article courtesy of Law Dot News | Employment Law & Labour Law - sick leave It’s Sick Leave Season – Can You Reject a Dodgy Doctor’s Sick Note? “Many people including workers in South Africa do not have the wherewithal to determine between a qualified doctor, an unqualified doctor and one who is operating illegally. That is why there areRead more

“It is declared that the [employer]’s Alcohol and Substance Abuse Policy is irrational and violates the right to privacy in section 14 of the Constitution, to the extent that it prohibits office-based employees that do not work with or within an environment that has, heavy, dangerous and similar equipment, from consuming cannabis in the privacy of their homes.” (Court order,

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Article courtesy of Law Dot News | Employment Law & Labour Law - Constructive Dismissal When is Resignation a Constructive Dismissal? “…the prospect of continued employment must be shown to have been objectively intolerable and the employee must have resigned due to the intolerable situation and not for another reason.” (Extract from judgment below) Perhaps you are an employer, andRead more