Labour Law

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Everything you wanted to know about sick leave

A blog article by: Carla de Waal It’s inevitable: There are days when one feels ill and cannot report to work or might have a medical emergency that requires rest and recuperation. Sick leave is regulated by Sections 22(1) to 22(4) of the Basic Conditions of Employment Act ("the Act"), and a sick leave cycle starts as soon as an employee begins employment.   What exactly is a sick leave cycle? During 36 months beginning on the first day of employment, employees are eligible for paid sick leave with the same employer. The number of sick days should be equivalent to the exact number...

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Unfairly dismissed? Five steps to take when dealing with the CCMA

Blog article by Tania Jones  Unfair dismissal is the termination of employment without substantive reasons existing and/or a fair procedure being followed - such as a disciplinary hearing - or both.   If you feel that you have been unfairly dismissed, you may want to report the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA), an organisation with specially trained staff, to assist employees and employers with labour disputes.   While it is never wise to ‘burn bridges’ with your employer, it is sometimes unavoidable, and you are within your rights to lodge a dispute with the CCMA if you feel it is...

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Your rights as a woman in the workplace

IWD Blog

To mark International Women's Day, it’s worth celebrating that South Africa has one of the most progressive Constitutions in the world. Our Constitution enshrines equality, dignity and the right not to be discriminated against based on one’s gender or race.  These important principles are also carried out in specific legislation such as The Employment Equity Act (EEA), The Labour Relations Act (LRA) and The Basic Conditions of Employment Act (BCEA).     The Labour Relations Act, Pregnancy, and Maternity Leave  The LRA stipulates that a dismissal is automatically unfair if an employee is dismissed because of any reason due to her pregnancy (whether she...

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Everything you need to know about the new national minimum wage

minimum wage

The Minister of Employment and Labour, Thulas Nxesi announced that effective from 1 March 2022 the National Minimum Wage (“NMW”) will be increased by 6.9% compared to the previous period which had an increase of only 4.29%. This means that as from 1 March 2022, workers will earn R 23.19 instead of R21.69 for each ordinary hour of work. To comply with the NMW, a domestic worker would have to earn a minimum daily rate of R 208.71 in comparison to the previous year where the daily minimum rate was R 195.21. In total, this equates to a monthly difference of...

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Is vaccination in the workplace compulsory?


Employers have until 2 July to update their Workplace Plan with regards to mandatory vaccinations.   For most, that would seem to be a plot in a science fiction movie, especially in South Africa, which for all intents and purposes is a poster child country with extensive human rights enshrined by our Constitution. Surely no one can force someone to get the COVID-19 vaccination, especially when the President himself left the decision to its citizens?   Directive from Government   An updated Consolidated Direction on Occupational Health and Safety was released by the Department of Employment and Labour on the 11th of June 2021 and it...

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Working from Home: What’s the law?

working from home

While it certainly is more comfortable, are you legally obligated to work in the office if you feel unsafe doing so? What are your rights as an employee when it comes to working from home?   Unlike when we had our first lockdown, this current third wave is different! We are no longer dealing with the state of shock that we all experienced previously due to acclimatising to a new way of life. The shock has now passed, and most of us just want to get on with business as usual.   Covid-19 forced radical, immediate developments within most industries. Most companies jumped into...

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Cyber-attacks and Business Email Compromise

business email compromise

Cyber-attacks and Business Email Compromise (“BEC”) in commerce have become a major concern for attorney firms and their clients alike. Neil Mc Kinon, Attorney and Conveyancer at Hammond Pole explains the reality of email interceptions and email compromise.   According to a global survey conducted by Mimecast Cyber Security Services in 2020, 6 out of 10 companies globally suffered a Ransomware attack and, given the rise in digital activity over the last year, email threats increased by 64%. Also, according to a report by Accenture in May 2020, South Africa has the third most cybercrime victims, losing R2.2 Billion a year.   Who is...

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