Valid right to receive a notice of disciplinary hearing

Right to receive a notice of disciplinary hearing: Illness: The chairperson should request a medical certificate as proof of the illness. Transport difficulties: The chairperson should determine the validity of the employee’s failure to attend the hearing timeously, as per the scheduled time set down for the hearing, due to transport difficulties encounted by the employee to attend scheduled time of hearing. A family emergency: The chairperson should request sufficient […]

Warning in respect to Bogus Department of Labour Inspectors

Labour inspectors do not issue spot fines. Under no circumstances shall a Labour Inspector issue on-the-spot fines for non-compliance. In terms of non-compliance, a Labour Inspector, guided by the labour laws, can only issue the following notices – 14 days undertaking for non- compliance with the Basic Conditions of Employment Act while for non-compliance with the Occupational Health and Safety Act, an Inspector can issue a 60 days improvement notice […]

Appeal Against Written Warning

General steps by an employee to appeal against a written warning: 1. An employer should establish the facts by doing an investigation in relation to the allegations being made against the employee. This may involve perusing documentary evidence, the employer’s written policies, video/social media evidence, engaging with the employee and witnesses who may shed light i.r.o the allegations. 2. Dependent on the outcome of the investigation, the employer may draft […]

Compensation for Occupational Injuries and Diseases Bill amendments to extend benefits to domestic workers

This bill proposes to extend benefits to domestic workers. COIDA is a national law that provides for employees to claim compensation from the Compensation Fund for injuries, illnesses or diseases sustained in the course of their employment, or death resulting from such injuries or diseases. In its current form COIDA expressly excludes domestic workers from the definition of “employee” and precludes them from claiming from the Compensation Fund for work-related […]

Night Work Allowance

Employees who work from 18h00 to 21h00 are entitled to a night work allowance. The Sectoral Determination 14: Hospitality Sector does not prescribe what this allowance must be. It is an allowance for the fact that night work is being rendered and is not based on the hours worked or the hourly rate paid to each employee. The allowance ought to be set out in the employment […]

Unemployment Insurance Amendment Act

The following changes have recently come into force and effect. Amending the Unemployment Insurance Act, 2001, so as to provide for the extension of the unemployment insurance benefits to learners who are undergoing learnership training and civil servants; to adjust the accrual rate of a contributor’s entitlement to unemployment insurance benefits; to finance employment services; to extend a contributor’s entitlement to benefits under certain circumstances; to provide for the process […]

New laws relating to parental leave, adoption leave and commissioning parental leave

The Labour Laws Amendment Act (LLAA), Act No 10 of 2018 amends the BCEA by introducing new forms of leave into South Africa labour system. Parental leave, adoption leave and commissioning parental leave is now available to employees as follows: Parental leave 25A. (1) An employee, who is a parent of a child, is entitled to at least ten consecutive days parental leave. (2) An employee may commence parental […]

The National Minimum Wage Act to come into force and effect from 01 January 2019

The National Minimum Wage Act sets South Africa’s first National Minimum Wage at R20.00 an hour, equivalent to R3 500.00 per month, dependent on the number of hours worked, and creates a phase-in period for farm workers, forestry workers and domestic workers. From 03 December to 31 December 2018, the minimum wages for a domestic worker will be increased as per the Domestic Worker Sector Minimum Wages. This increase is […]

What are the statutory provisions and the rules governing the right to representation?

What are the statutory provisions and the rules governing the right to representation? The LRA contains provisions governing the right to representation in the CCMA’s processes insofar as it concerns the right of registered trade unions and employers’ organisations to represent their members but does not regulate the right of legal practitioners to represent parties in CCMA’s processes. Who may represent a party in any process involving any dispute? In […]

What constitutes contempt of the CCMA?

Contempt of the CCMA normally relates to either- • Conduct during the proceedings; and or • Conduct after the proceedings when a party fails or refuses to comply with a certified award requiring the performance of an act other than the payment of money. Contempt in relation to conduct during the proceedings is governed by Section 142 (8) of the LRA, which provides that a person commits contempt of the […]

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