Proposed minimum wage increase for domestic workers in 2022

The Department of Employment and Labour can confirm that the National Minimum Wage Commission issued a request for written representations on the new proposed minimum wage for South Africa for 2022. The closing date for submissions is 14 January 2022. The National Minimum Wage (NMW) Act stipulates that the National Minimum Wage Commission should annually assess and review the minimum wage. The Minister of Employment and Labour determines the adjustment […]

The Impact of Covid-19 on the labour market

When referring to the legislation governing Occupational Health and Safety, in particular, Section 8 – General duties of employers to their employees, an employer is required to provide and maintain, as far as reasonably possible, a working environment that is safe and without risk to the health of all employees. This means that employers should find a reasonable resolution that accommodates all parties where employees refuse to be vaccinated on […]

Political parties interfering in labour relations matters in the workplace.

In South Africa, some employees have complained to political parties about their problems at the workplace and about the poor quality of service provided by certain Unions. Employers should not engage with political parties on labour-related matters. Employers should refer political parties to the LRA which indicates that registered Unions should deal with industrial relations issues. Employees should be advised that political parties are not entitled to assume the functions […]

Travesty of justice

With reference to the article entitled “Domestics still not benefiting, union says”, there is no doubt that the wheels of justice turn slowly. More than a year after the Constitutional Court handed down its judgment, employers are still unaware of the existence of COIDA (Compensation for Occupational Injuries and Diseases Act), how to register as an employer and how to comply with the provisions contained therein, on behalf of their […]

Can an employer require employees to repay contractual maternity pay if they do not return to work for a minimum period?

Can an employer require employees to repay contractual maternity pay if they do not return to work for a minimum period? Yes, an employer can require an employee to repay the whole or part of their contractual maternity pay if they do not return to work for a minimum period after their maternity leave has ended. However, the employer cannot require them to repay the part of their pay that […]

Considerations to be taken into account when an employer gives an employee a company loan.

Considerations to be taken into account when an employer gives an employee a company loan. It is legal in South Africa for an employer to grant an employee a loan, on the condition that the employer does not make any profit from the loan nor charge an interest. It is prudent that an employer draft a written loan agreement, setting out the the employee’s details and I. D number date, […]

Domestic worker arrested for fraud

A domestic worker has been arrested for fraud after allegedly taking photos of her employers documents. Read the full article here. Domestic worker arrested for fraud 04 November 2021

Possible employer defences to a claim of unfair discrimination on the basis of mental health

In an unfair discrimination dispute on the basis of an employee’s mental health condition the employer may defeat the employee’s claim by successfully raising any of the following defences: The employer may firstly prove that the alleged discrimination based on mental health did not in fact amount to discrimination. In order to achieve this, the employer will have to prove that the actions did not impair the employee’s fundamental human […]

Mental health as a ground for unfair discrimination in South Africa

The stigma surrounding mental illness in South Africa is a significant concern, with sufferers fearing discrimination and even dismissal should they reveal their mental health conditions to their employers. The Employment Equity Act (EEA), which stipulates that “No person may unfairly discriminate, directly, against an employee, in any employment policy or practise, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, […]

Vicarious liability of the Employer

An employer is vicariously liable for wrongful conduct, albeit an act of sexual harassment or any other discriminatory conduct, towards an employee, which was committed in the course and scope of his/her employment or while engaged in any activity incidental thereto. The basis for this liability is founded on the notion that an employee is an extension of the employer. Consequent to a decision to employ, an obligation is imposed […]

Labour Law Blog