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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Basic guidelines to unfair dismissal

The first question to establish in any case involving an alledged unfair dismissal is wether 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 an end. This communication can […]

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When is payment of my commission due and payable to me by my employer?

I am employed as a temporary employee and my employer is now withholding commission I am entitled to in terms of our verbal employment agreement. Temporary employee: An employment situation where an employee is expected to remain in a position for a certain period of time. Temporary employees may have the opportunity to achieve permanent […]

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Can employers arrange HIV-tests for their employees?

Can employers arrange HIV-tests for their employees? HIV (and AIDS) is a pandemic which according to statistics will have devastating consequences not only in South Africa but on the rest of the continent. It is estimated that in South Africa alone approximately 1 500 persons are infected daily with HIV which figure, is to say […]

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