Employment Law

Employee Mental Health Issues: How To Fairly Address Them

We have experienced a marked increase in clients seeking legal advice on how lawfully and fairly to deal with employees in the workplace who may be suffering from a mental health illness or experiencing difficulties, which are in turn negatively impacting on their behaviour and/or performance.  While mental health-related issues in the workplace  are not …

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The National Minimum Wage: Understanding and Applying it

The National Minimum Wage Act (“the NMWA”) came into effect on 1 January 2019. The purpose of the NMWA is to: improve the wages of the lowest paid workers; protect workers from unreasonably low wages; preserve the value of the national minimum wage; promote collective bargaining; and support economic policy. The NMWA defines “workers” as …

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Retrenchments: Tips for Responsible Employers

Section 189 of the Labour Relations Act provides that, where an employer contemplates dismissing one or more employees for reasons relating to its operational requirements, it is obliged to consult with those employees (and / or their representatives) who are likely to be affected by the proposed dismissals. It is an unfortunate reality of both …

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Sexual Harassment in the Workplace: Clarity on Employers’ Obligations

Section 6 of the Employment Equity Act prohibits unfair discrimination by any person against an employee and specifically includes harassment as a form of unfair discrimination. Section 60 provides that an employer may be held liable for damages if it cannot prove that it did all that was reasonably practicable to ensure that the unfair …

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State Employed Medical Practitioners: Legal Framework for Employment

  All employment relationships, regardless of whether in the private or public sector, are subject to primary labour statutes setting out the basic rights and duties of employer and employee. These statutes include the Labour Relations Act 1995 (“LRA”), the Basic Conditions of Employment Act 1997 (“BCEA”), the Occupational Health & Safety Act 1993, the …

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Unravelling South African Immigration Law

Introduction There have been a number of changes to South Africa’s immigration law over the past two years, triggered by amendments to the Immigration Act, No. 13 of 2002 (Immigration Act) and new immigration regulations.   Although it has been two years since the law changed, some challenges continue to plague the South African immigration process. …

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The Pitfalls of Engaging a Labour Broker following the LRA Amendments

The introduction of section 198A of the Labour Relations Act 66 of 1995 (“LRA”) in January last year caused uncertainty amongst Temporary Employment Services (“TES”) commonly known as labour brokers and clients making use of their services. In summary, section 198A distinguishes between what is regarded as “acceptable” use of a TES service and the …

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Labour Relations Act Amendment 2014: An Overview of Material Changes

On 18 August 2014, the President of the Republic of South Africa assented to the Labour Relations Amendment Act 6 of 2014 (“Amendment Act”). The Amendment Act came into effect on 1 January 2015 and introduces significant changes to the Labour Relations Act 66 of 1995 (“LRA”). The most crucial of these amendments are briefly addressed …

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