The position on parental leave is proposed to change, as the Labour Law Amendment Bill, which was proposed by the African Christian Democratic Party in 2015, has been issued for public comment. This article specifically refers to the rights that new fathers have to make use of the proposed leave as from the birth of…
Category: In-depth
Temporary employment – what’s changed for employers and labour brokers?
On 26 July 2018 at 10h00, the Constitutional Court handed down judgment in an application for leave to appeal against an order of the Labour Appeal Court (LAC). The case concerned the interpretation of Section 198A(3)(b) of the Labour Relations Act 66 of 1995 (LRA) and whether this deeming provision resulted in a “sole employment”…
What is tender fraud and how to avoid it
Since the political transition of South Africa in 1994 and the implementation of Broad-Based Black Economic Empowerment (B-BBEE), tender fraud became an issue South Africa is facing. There are 7 main types of tender fraud: Misrepresentation of a company’s credentials including their ownership, management and control, directors and turnover, by submitting forged documents. Collusion and…
The Employers Guide to: Striking Employees
Employers should know when the actions of employees constitutes a strike, which is defined in the Labour Relations Act No 66 of 1995 (LRA) as “the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different…
Does the Consumer Protection Act apply to Non-Profit Organisations?
The Consumer Protection Act 68 of 2008 (CPA) came into effect in April 2011. Unknown to many Non-Profit Organisations (NPOs), the CPA applies to non-profit sectors. This could include amongst others; social, religious and educational organisations. It is a given that all NPOs are to be registered with the Department of Social Development and obtain…
Getting Smart with Constructive Dismissals
A constructive dismissal is defined as a situation in the workplace created by the employer, which renders the employment relationship intolerable for the employee. Section 186(1)(e) of the Labour Relations Act (LRA) 66 of 1995, states that in circumstances where “an employee terminated a contract of employment with or without notice because the employer made…
Do you have a Soft Skills gap?
When employers consider training solutions for their employees, they often only focus on the technical competence and abilities pertaining to a specific set of skills or tasks. For example, employers will want their welders to improve their welding skills, or they will want to train their engineers to improve their engineering skills. These are referred…
Why it’s important to plan for BEE
It is very important to keep in mind that Broad-Based Black Economic Empowerment (B-BBEE) is not a once-off process but a continuous process that has to be implemented and monitored throughout the financial year. Required contributions The following elements require contributions to be made within the financial year: Skills Development Enterprise & Supplier Development Socio…
Determining if something is racist or derogatory
Everybody should know by now that the use of racist and or derogatory language in the workplace could cost you your job. Even referring to a black person as “daai swartman”, can be racist and derogatory – as seen in a recent case. Where words like these have been used, and for it to be…
How to minimize Skills Development Expenditure
The Amended Construction Sector Code was published on 1 December 2017. This code has implications for entities that previously, under the Codes of Good Practice, didn’t need to make any contributions to obtain a specific level. This specifically refers to Qualifying Small Enterprises (QSEs) that qualify for automatic level 1 or 2 sworn affidavits in…