Do domestic workers and gardeners have the same rights as other employees?

The Constitutional Court of South Africa was faced with an issue concerning domestic workers.  The issue arose from the Compensation for Occupational Injuries and Diseases Act (“COIDA Act”) because it excluded domestic workers who are employed in private households from the definition of “employee” in the COIDA Act.  The consequence of that exclusion was that […]

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RETRENCHMENT AND COVID-19

INTRODUCTION On 01 June 2020, IOL reported more than 28 000 cases referred to the CCMA by employees who have either been retrenched or dismissed. One of the unintended consequences of the continued implementation of Covid-19 Regulations is the financial strain that countless employers/business owners are faced with. Such a strain may lead employers to […]

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Is a restraint of trade still enforceable? PODCAST

  Find out all you need to know about the enforcement of a restraint of trade by listening to our podcast at the link below:     Did you know that you have a world of knowledge at your fingertips? Visit our FAQ page for answers to a wide variety of legal questions. Read more...

Practical Tips for CCMA Cases

Commission for Conciliation Mediation and Arbitration (CCMA) and its Origin – The CCMA is a dispute resolution body; – It was established in terms of the Labour Relations Act, 66 of 1995 (LRA); – It is an independent body with a mission to promote labour stability, social justice, and job security; – Importantly, its services […]

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National minimum wage

The national minimum wages and domestic workers’ wages has been amended with effect from 01 March 2020. Make sure that you are complying with the minimum wage! The new minimum wages are as follows: National minimum wage : R 20.76 per hour. Farm workers : R 18.68 per hour. Domestic workers : R 15.57 per […]

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Duty of employers to prevent sexual harassment at the workplace

Did you know that the sexual harassment of an employee constitutes unfair discrimination in terms of the Employment Equity Act (the Act) and that same is prohibited? And also, that there is a duty on employers to proactively prevent sexual harassment in their workplace? Sexual harassment is defined in the 1998 Code of Good Practice […]

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No Fidelity Fund certificate: no commission & no valid contract

We previously wrote about the case of Botha Properties (2008) 3 ALL SA 453 (SCA). In that case the court confirmed that an estate agent cannot claim commission, even if all the other requirements of a commission claim have been met, where the estate agent does not have a fidelity fund certificate. The importance of […]

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Constitutional Court seals the fate of labour brokers

In the case involving Assign Services (Pty) Ltd v NUMSA and others 2018 ZACC 22 the Constitutional Court settled the protracted battle over the interpretation of Section 198A(3)(b)(I) of the Labour Relations Act. The question considered is what happens once the deeming provisions, in terms of which a temporary employee is deemed to be a […]

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Basic guidelines to unfair dismissal

What constitutes an unfair dismissal? The first question to establish in any case involving an alleged unfair dismissal is whether a dismissal actually occurred. A dismissal takes place when an employment contract is terminated at the instance of the employer and entails communication by the employer to the employee that the contract has come to […]

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