Effective 1 March 2023: New Earnings Threshold and National Minimum Wage
Employers and employees need to keep an eye on the annual increases in both the National Minimum Wage and the Earnings Threshold, summarised below for your convenience. Both are effective from 1 March 2023. The National Minimum Wage increase The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased by 9.6% from […]
Suing a Degree-Forging Employee for R2.2m
“Oh, what a tangled web we weave when first we practice to deceive” (Sir Walter Scott, quoted in the judgment below) It’s a sad fact of life in today’s business world that as an employer you must remain constantly on guard against the dangers of “CV fraud”. First prize of course must always be prevention […]
Employers: Don’t Miss Your Employment Equity Report Deadline!
Before you close up for the year, remember that if you are a “designated” employer, your Employment Equity Act (“EEA”) Report is due on 15 January 2023. Failure to comply carries substantial penalties so don’t miss this deadline. You are likely to be a designated employer if either – (Source – Schedule 4 to the Employment Equity […]
Your Employee Reaches Retirement Age and Wants to Keep Working – What Should You Do?
“For many, many people, I’m a firm believer that 60 is the new 50.” (Carolyn Aldwin, director of Oregon State University’s Center for Healthy Aging Research) As even the youngest Boomers (the generation born between 1946 and 1964) approach the “Big Sixty”, an increasing number of employees will be thinking about whether or not they […]
Dismissed for Criticising a Mine’s “No High Heels in the Workplace” Rule
“The evil in this case is the wearing of high heels as opposed to flat shoes. It is a case that pits sartorial elegance against health and safety at the workplace” (Extract from judgment below) Employers have a general duty to ensure health and safety in the workplace. But as a recent Labour Court case […]
Fired for Off-Duty CBD Oil Use and Cannabis Smoking
“… the [employer], in light of its dangerous environment, is entitled to discipline and dismiss any employee who uses cannabis or is under the influence whilst at work in contravention of its policy. Unfortunately, the Constitutional Court judgement does not offer any protection to employees against disciplinary action should they act in contravention of company […]
The “Great Resignation” is Upon Us – Know the Law!
“Signs of the “Great Resignation” are rippling across South Africa” (Business Insider report, 22 April 2022) The global pandemic-induced “Great Resignation” trend is upon us, and both employers and employees need to be aware of how our law views the whole question of employee resignation. A recent Labour Court decision gives some valuable guidance – […]
Workplace Harassment: The New Code in a Nutshell
“The criterion that harassment involves unwanted conduct distinguishes acts of harassment from acceptable conduct in the workplace” (extract from the Code, emphasis added) With effect from 18 March 2022, a new “Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the Workplace” came into effect. Every employer and employee should know about it. The […]
Fired For Moonlighting
“She failed to disclose these obviously material activities to her employer and was therefore manifestly acting in violation of her duty of good faith to her employer.” (Extract from judgment below) “Moonlighting” is the practice of employees boosting their monthly income with a “side-job” or “side-business”. It has been a feature of working relationships since […]
Effective 1 March 2022: New Earnings Threshold and National Minimum Wage
Employers and employees need to keep an eye on the annual increases in both the National Minimum Wage and the Earnings Threshold, summarised below for your convenience. Both are effective from 1 March 2022. The National Minimum Wage increase The National Minimum Wage (NMW) for each ordinary hour worked has been increased by 6.9% from […]