LABOUR LAW ARTICLES
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New Minimum Wage And the Earnings Threshold
The Earnings Threshold Effective from 1 April 2024 the earnings threshold will increase from R241 110.59 per annum (R20 092.54 per month) to R254 371.67
Employment Law in South Africa
The implementation of labour laws in South Africa is a relatively new development. The need arose from the imbalance of power that has traditionally been
The Construction of a Contract
A contract is an enforceable agreement where willing parties with capacity agree to specific terms in exchange for something. It contains a promise to do
My employer has refused to accept my sick note and is withholding my pay
By Dean Brainin An employer refuses to accept a sick note/medical certificate from an employee signed off by a clinic sister and withholds the employee’s
Code of good practice on the prevention and elimination of harassment in the workplace.
Under the Employment Equity Act, the Minister of Employment and Labour has published on 03 March 2022 the new: CODE OF GOOD PRACTICE ON THE
Independent Workplace Investigations
What is a workplace investigation? Bregman Moodley Attorneys conduct independent and objective workplace investigations to establish the facts relating to significant wrongdoing, misconduct, or ethical
Can an Employer exercise discipline over an employee for off-duty misconduct?
By Sharusha Moodley It may happen that an employee’s misconduct does not fall within the express terms of an employer’s disciplinary code. E.g., the misconduct complained
Sexual harassment and when the business is liable
When is an employer liable for sexual harassment in the workplace? The Labour Court addressed the question of the employer’s vicarious liability in National Union
Can I be fired if I refuse to be vaccinated?
Is it constitutional to force an employee to be vaccinated against Covid? The opinion worldwide seems to be that there must be a balance between
Temporary employment laws in South Africa
A client asked: “Can my employee keep me on as a temporary employee, indefinitely, and dismiss me whenever it feels like it?” Regarding temporary employment
Polygraph tests in the workplace
Can an employer dismiss an employee if he fails a lie detector test? The Labour Appeal Court dealt with this issue in DHL Supply Chain (Pty)
Damages sustained at work – who is liable?
What is an accident at work? The Compensation for Occupational Injuries and Diseases Act, 1993 (“COIDA“) defines an accident as “an accident arising out of