Understanding Retrenchment: Process and Legal Requirements
Understanding Retrenchment: Process and Legal Requirements Retrenchment is a process through which an employer reduces their workforce due to economic, structural, or technological reasons. This often occurs when a company needs to reduce costs, restructure, or adapt to market changes. Retrenchment is governed by the Labour Relations Act (LRA), specifically Section 189, and there are […]
New National Minimum Wage – March 2025
The Minister of Employment and Labour, has in terms of section 6(5) of the National Minimum Wage Act, No. 9 of 2018, as published under Government Notice No. 11664 of 2 February 2024, in accordance with the schedules hereto, announced the new minimum hourly rate as of the 1st of March 2025 as the date […]
Understanding Payment for a Public Holiday – Section 18 of the BCEA
Understanding Payment for a Public Holiday – Section 18 of the BCEA With the upcoming Easter period coming quickly, speeding towards us, did I think it appropriate to explain the age-old question that I always get this time of year – How does payment for a Public Holiday work? The first thing to determine, before […]
Understanding the Code of Good Practice on the Prevention of Violence and Harassment in the South African Workplace
Understanding the Code of Good Practice on the Prevention of Violence and Harassment in the South African Workplace Workplace harassment and violence remain issues that can negatively impact both employees and organisational culture. To address these challenges, the Code of Good Practice on the Prevention of Harassment and Violence in the Workplace provides essential guidelines […]
BCEA: Chapter 7 – 11
Off The Desk BCEA: Chapter 7 – 11 As we reach the end of the BCEA series, I hope that you have found some of the parts interesting. Unfortunately the rest BCEA is a bit dull, to say the least, and not that applicable to a lot of companies, or if it does, most companies […]
BCEA: Termination of Employment and Prohibition of employment of children and forced labour
Off The Desk BCEA: Termination of Employment and Prohibition of employment of children and forced labour Termination of employment relationships is where most disputes most often stem from and accordingly it is important to know what is expected when the employment relationship has come to an end. Many times, we go to the CCMA or […]
BCEA: Particulars of employment and remuneration
Off The Desk Basic Conditions of Employment Act Explained Part 3: Particulars of employment and remuneration Particulars of employment and remuneration are are some of the most important aspects of the Basic Condition of Employment Act and it is therefore imperative for employers and employees to understand factors outlined in the contract as per Chapter […]
BCEA: Leave
Off The Desk Basic Conditions of Employment Act Explained. Part 2: Leave Following on Part 1, do I continue with my explanation and interpretation of the Basic Conditions of Employment Act (BCEA) and looking this week into Chapter 3 which deals with the different types of leave in South Africa. Again, I must do a […]
BCEA: Working hours
Off The Desk Basic Conditions of Employment Act Explained Part 1: Working Hours and Overtime In the past several weeks was it necessary for me to consult with employees of my client, to explain the law on working hours and how overtime and other additional payments are calculated in accordance with the law. Although this […]
Is theft always theft?
Off The Desk Is theft always theft? I was recently involved in a matter which reminded me about a case I did years back where I drew up charges for a client and had another consultant chair the disciplinary hearing so that I could test my “theory”. The person was charged for loafing/ idleness as […]