The National Minimum Wage (NMW), as well as minimum wages in some specified sectors, will increase with effect from 1 March 2024.
MINIMUM WAGE INCREASE IN MARCH 2024
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Jan Truter
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?
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.
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?
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?
PAY FOR SUNDAY (24 SEPTEMBER) AND MONDAY (25 SEPTEMBER)
This year 24 September (Heritage Day) falls on a Sunday. This means that Monday, 25 September, is also a public holiday. The question has again arisen what employees should be paid.
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?
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?
EXTENSION FOR ZIMBABWEAN WORKERS IN SOUTH AFRICA
The Minister of Home Affairs has granted Zimbabwe Exemption Permit (ZEP) holders a further extension, i.e. until 31 December 2023, for their alternative visa or waiver applications to be processed (the previous deadline was 30 June 2023).
VISA REPRIEVE FOR FOREIGN NATIONALS IN SOUTH AFRICA
On Wednesday, 29 March 2022, the Director General of Home Affairs made an announcement that would be good news to many foreign nationals. Certain applicants whose visa or waiver application outcomes are still pending have been given a temporary extension until 31 December 2023 to make the necessary arrangements to validate their right to live and work in South Africa.
RETRENCHMENT AND THE PREGNANT EMPLOYEE
When an employee goes on maternity leave, others almost inevitably have to fill in for her. During her absence the question may arise whether she is really needed and whether her position has become redundant. May the employer retrench her in these circumstances? Our courts have repeatedly come to the assistance of pregnant employees who have been discriminated against. But how far does that protection go? Read more…
MINIMUM WAGE INCREASE FROM 1 MARCH 2023
The national minimum wage (NMW), as well as minimum wages in some other sectors, will increase with effect from 1 March 2023.
NEW EARNINGS THRESHOLD AS FROM 1 MARCH 2023
Employees who earn in excess of certain amount per year (the “earnings threshold”), do not enjoy the same protection as lower earning employees. Working time is also regulated differently for senior managerial employees even if they earn less than the earnings threshold. How does this work, and are there other implications?
LOAD SHEDDING – NO POWER, NO PAY?
Due to persistent load shedding since the end of 2022, the question of payment has again been raised: Do employers have to pay employees during periods that they cannot work as a consequence of load shedding?
27 DECEMBER 2022 DECLARED A PUBLIC HOLIDAY
The President has declared the 27th of December 2022 to be public holiday in terms of Section 2A of the Public Holidays Act (PHA). READ MORE…
WILL 27 DECEMBER 2022 BE A PUBLIC HOLIDAY?
Although the festive season is still some way off, the question has been raised whether the 27th of December 2022 would be regarded as a public holiday. READ MORE…
FURTHER REPRIEVE FOR ZIMBABWEAN WORKERS IN SOUTH AFRICA
On Friday, 2 September 2022, the Minister of Home Affairs granted Zimbabwe Exemption Permit (ZEP) holders a further extension to obtain alternative work permits/visas. READ MORE…
FACE MASKS IN THE WORKPLACE?
Now that the Covid regulations issued in terms of the National Health Act have been repealed, the wearing of masks is no longer required in “indoor public places”. What about the workplace?
DO WE REALLY STILL NEED VACCINE MANDATES?
Are vaccination mandates still appropriate? Do employees still have to be screened, wear masks, sanitise and keep a distance?
PAYMENT FOR SUNDAY 1 MAY AND MONDAY 2 MAY 2022
This year 1 May (Workers’ Day) falls on a Sunday. This means that Monday, 2 May, is also a public holiday. The question has again arisen what employees should be paid. Read more…