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Labour Articles
DISMISSAL AFTER REACHING RETIREMENT AGE: THE LEGAL POSITION REVISITED
Just when we thought the law on dismissal after retirement was clear, the Constitutional Court (CC) befuddled the issue with a three-way split decision. Where does this leave employers?
RETRENCHMENT: WHAT SELECTION CRITERIA NOT TO USE
May an employer use behavioural characteristics (e.g. initiative, enthusiasm and determination) as criteria to select employees for retrenchment?
CRIMINAL RECORD AND EMPLOYMENT
May employers exclude candidates for employment based on the fact that they have a criminal record, or may an employee be dismissed if the employer discovers that an employee has a criminal record?
STRIKING A DEAL TO AVOID THE RETRENCHMENT PROCESS?
If an employer contemplates dismissing employees based on operational requirements (retrenchment), the Labour Relations Act (LRA) requires the employer to follow certain procedures. However, may an employer approach employees informally and strike a deal by signing a mutual separation agreement, thereby avoiding the legal technicalities of the LRA?
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Labour News
NEW EARNINGS THRESHOLD AS FROM 1 APRIL 2025
Employees who earn in excess of a certain amount per year (the “earnings threshold”), do not enjoy the same protection under our labour legislation...
MINIMUM WAGE INCREASE IN MARCH 2025
The national minimum wage (NMW), will increase with effect from 1 March 2025. There will also be an increase of the minimum wage in certain...
VISA EXTENSION FOR LESOTHO NATIONALS
Since the recent extension for Zimbabwean Exemption Permit (ZEP) holders, the Minister of Home Affairs has also announced an extension of Lesotho...
VISA EXTENSION FOR ZIMBABWEANS, BUT WHAT ABOUT OTHER FOREIGNERS?
The Minister of Home Affairs recently announced a further extension for Zimbabwe Exemption Permit (ZEP) holders. The extension is until 28 November...
Labour Guidelines
Practical easy to follow guidelines, to ensure you comply with SA Labour Laws.
Basic Conditions of Employment Act
Working hours, leave, employment contracts, termination, etc.
Basic conditions - Specific sectors
Wholesale and retail, hospitality, domestic workers, farm workers, etc.
Dismissals
Avoid unfair dismissal claims by following these guidelines.
Disputes
Grievances, internal dispute resolution, conciliation and arbitration at the CCMA.
Employment Equity
Discrimination and affirmative action.
Unions and strikes
Organisational rights, recognition agreements, strikes and lock-outs.