Changes to South Africa’s retirement fund system you need to know

The national treasury announced its intention to amend the country’s retirement funds system with effect from 1 March 2024. The amendment intends to introduce a system that will enable the members to access and withdraw a specific portion of their retirement savings whilst improving the general preservation of the retirement savings. The amended system is […]

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Men Are Also Entitled To The Same Maternity Leave Benefits

The High Court in the Gauteng Division, Johannesburg handed a judgment in terms of which Sections 25, 25A, 25B, and 25C of the Basic Conditions of Employment 75 of 1997 (BCEA) as well as Sections 24, 26A, 27, and 29A are declared inconsistent with Section 9 and 10 of the Constitution. However, the order is […]

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CAN AN EMPLOYER USE SCAB LABOUR IN RESPONSE TO A STRIKE?

In an appeal, the Constitutional Court was asked to interpret Section 76(1)(b) of the Labour Relations Act, Act 66 of 1995 (the act). Section 76(1)(b) reads as follows: “(1) An employer may not take into employment any person – To continue or maintain production during a protected strike if the whole or part of the […]

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Employer’s Vicarious Liability For Criminal Conduct Of An Employee

Vicarious liability is ordinarily understood to be that an employer is liable for the wrong committed by an employee during the course and scope of his or her employment. Therefore, an employer is liable even if the employer actually did nothing wrong, as the conduct of the employee is imputed to the employer. As liability […]

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Unfair Dismissals in South Africa: Lessons Learned in Court

Substantive fairness deals with the reason for a dismissal and is assessed according to the criteria listed in item 7 of the Code of Good Practice: Dismissal. The question is whether the employee contravened a rule and, if so, whether such a rule is standard in the workplace. A second question is whether the employee […]

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Gardening Leave: The Pros and Cons for Employers and Employees

“Gardening leave” is a practice whereby an employee leaving a job or being made redundant or dismissed is instructed by the employer to stay away from the workplace during the notice period while still on the employer’s payroll. This is the strategy employers use to protect their business interests when the employee is leaving. It […]

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Is a restraint of trade enforceable after the sale of a business?

Section 197 of the Labour Relations Act (LRA) deals with the transfer of a business combined with the transfer of employees to a new employer. The key objective of Section 197 is to uphold and safeguard the employees’ obligations and their rights in terms of their existing employment contracts. According to Section 197, it is […]

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Is a 4-day work week feasible in South Africa?

A recent trend indicates that several countries worldwide are considering adopting a four-day workweek. As such, the question arose whether this would be feasible in South Africa. At first glance, it seems apparent that our country’s labour laws would have to be amended to accommodate such a change. The Basic Conditions of Employment Act (BCEA) […]

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CAN AN EMPLOYEE UNILATERALLY WITHDRAW HIS OR HER RESIGNATION?

This was the question the court had to answer in the matter of Monareng Jeffrey Mohlwaadibona vs DR JS Moroka Municipality. The Applicant resigned on the 1st of April 2021 with immediate effect due to ill health. On the 15th of April 2021, however, after having miraculously recovered, he requested to withdraw his resignation. Having […]

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