Jan Truter

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 as lower-earning employees. How does this work, and what are the other implications?

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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?

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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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ELECTION DAY LIKE ANY OTHER PUBLIC HOLIDAY

The upcoming Election Day on Wednesday, 29 May 2024, has been declared a public holiday throughout the Republic of South Africa. Employers are reminded that it should be treated the same as any other public holiday.

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NEW EARNINGS THRESHOLD AS FROM 1 APRIL 2024

Employees who earn in excess of a certain amount per year (the “earnings threshold”), do not enjoy the same protection under our labour legislation as lower-earning employees. How does this work, and are there other implications?

read more

DISCIPLINARY AND CRIMINAL PROCEEDINGS

A case of serious misconduct may also amount to a criminal offence. Does the employer have to wait until the disciplinary proceedings have run their course before laying a criminal charge? And if the employer decides to lay a criminal charge, should the disciplinary proceedings be halted pending the finalisation of the criminal case?

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ZIMBABWEAN, LESOTHO AND OTHER FOREIGN NATIONALS

A few weeks ago it was announced that Zimbabwe Exemption Permit (ZEP) holders and Lesotho Exemption Permit (LEP) holders have been granted a further extension until 29 November 2024. However, some aspects are not entirely clear.

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EQUAL LEAVE FOR ALL PARENTS?

In a groundbreaking judgement handed down on 25 October 2023, the Gauteng High Court found that the existing parental leave provisions are unconstitutional as they unfairly discriminate between different categories of parents. So, what should employers do?

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IS AN OVERTIME CLAUSE ENFORCEABLE?

Most contracts of employment contain an overtime clause which states that the employee agrees to work overtime “as and when needed”. But is the overtime clause enforceable?

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TAXI STRIKE – NO TRANSPORT, NO PAY?

The taxi strike has given rise to several questions surrounding an employer’s responsibility towards its employees. Do employers have an obligation to provide transport or to pay employees? What about the employer’s obligations in terms of occupational health and safety legislation?

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JUST HOW RELIABLE ARE BREATH-ALCOHOL (‘BREATHALYSER’) TESTS?

Being under the influence of alcohol at work cannot be tolerated in any workplace. Some employers set the bar higher by adopting a ‘zero-tolerance’ approach with regard to the mere presence of alcohol in an employee’s system. Breath-alcohol (‘breathalyser’) tests are commonly used as a measuring tool in both instances. But just how reliable are these tests?

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