Employers were expecting the minimum wage rates in the Wholesale and Retail Sector to be increased with effect from 1 March 2019 – this did not happen.
MINIMUM WAGE IN WHOLESALE & RETAIL SECTOR (MARCH 2019)
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Jan Truter
RELIGION AND DISCRIMINATION AT WORK
Adherents to certain religions are reluctant to work on their sabbath or other holy days. But what if such a refusal clashes with the employer’s operational needs?
DOMESTIC WORKER MINIMUM WAGE EFFECTIVE 3 DECEMBER 2018
The minimum wages in the Domestic Worker Sector will increase with effect from 3 December 2018.
NATIONAL MINIMUM WAGE EFFECTIVE 1 JANUARY 2019
The national minimum wage (NMW) has been signed into law. Effective 1 January 2019. What exactly does this mean to employers and employees?
The right to an interpreter in a disciplinary hearing
A recent Labour Court judgement highlighted the importance of respecting an employee’s home language and right to an interpreter in a disciplinary hearing. But what if the disciplinary hearing is conducted in English and the employee is proficient in English?
Disciplinary action after resignation with immediate effect
Can employees escape the consequences of their actions by resigning with immediate effect? There has been uncertainty about an employer’s right to proceed with disciplinary action after an employee’s resignation ‘with immediate effect’ but a judgement of the Labour Court in Cape Town has brought about much needed clarity.
Ignoring CCMA Awards
When the CCMA makes an award for the reinstatement of an employee who has been unfairly dismissed or suspended, it seldom goes down well. But what happens if the employer ignores the award?
ANTICIPATED CHANGES TO LABOUR LEGISLATION 2018
South Africans were expecting that a national minimum wage (NMW) would be implemented on 1 May 2018. This did not happen, but the NMW is still likely to be implemented during the course of this year. We can also expect some other changes to labour legislation. How will this affect employers and employees?
THE INTENTION TO RESIGN
Question: Is a statement of intent by an employee to resign enough to terminate employment?
COMPENSATION FOR UNFAIR SUSPENSION PENDING A DISCIPLINARY HEARING
An employee could claim additional compensation if a suspension is regarded as being unfair. In a well-publicised case, the CCMA awarded an employee five months’ remuneration in addition to the normal pay that the employee received while on suspension.
DROUGHT AND THE EMPLOYMENT RELATIONSHIP
The potential impact of the drought on the employment relationship should not be underestimated. It may affect the employee’s right to remuneration if it becomes impossible for employees to work, but it may also lead to problems with employee attendance if employees have to queue for water.
DISCIPLINARY ACTION AFTER EMPLOYEE RESIGNATION
An employee resigns with immediate effect after receiving notice of a disciplinary hearing. May the employer proceed with disciplinary action?
DOMESTIC WORKER MINIMUM WAGE INCREASE EFFECTIVE 1 JANUARY 2018
The minimum wages in the Domestic Worker Sector will increase with effect from 1 January 2018.
NO WATER, NO WORK – MUST EMPLOYEES BE PAID?
Some businesses need water in order to function. The prevailing drought in the Western Cape has led to unpredictable interruptions due to the implementation of water rationing measures. Interruptions to water supply can also be due to a variety of other reasons. Contingency plans may be inadequate, which may result in employees not being able to work
WORK PERFORMANCE AND SALES TARGETS
Does setting sales targets make it easier to dismiss an employee for poor work performance?
INDEPENDENT CONTRACTOR OR EMPLOYEE – THE UBER CASE
Are Uber drivers independent contractors or employees?
COSATU PROTEST ACTION ON 27 SEPTEMBER 2017
Cosatu gave notice to Nedlac of their intention to embark on protest action on Wednesday, 27 September 2017. The main thrust of this action relates to so-called state capture.
DEDUCTIONS FOR DAMAGE OR LOSS
May an employer make deductions for damage or loss caused by employee?
CONDITIONAL CONTRACT OF EMPLOYMENT
The Labour Relations Act protects employees against unfair dismissal. However, our law makes allowance for a contract of employment coming to an end without it amounting to a dismissal.
RELYING ON WRITTEN STATEMENTS ONLY IN A DISCIPLINARY HEARING
In certain exceptional circumstances it is acceptable for an employer to rely on written statements only in a disciplinary hearing.