Human Capital

The National Minimum Wage Act 9 of 2018 provides for a national minimum wage. The national minimum wage is R20 for each ordinary hour worked. There are, however, certain exceptions to the national minimum wage amount of R20 per hour. Domestic workers are entitled to a minimum wage of R15 per hour.

An employer may dismiss an employee if he or she has lodged a grievance against another employee which is false. Dismissing an employee for doing so does not amount to an automatically unfair dismissal because the lodging of a grievance is not the same as exercising a right conferred by law.

If the data is to be believed, retrenchments are once again on the rise. Lets not speculate why, but the current environment doesn’t induce business stability.

We often receive queries about pay slips. Many times, these queries stem from employees not understanding how their salaries and wages are structured, as well as uncertainty about salary codes. There are two types of pay slips - the pre-employment ‘dummy’ pay slip and monthly pay slips. The ‘dummy’ pay slip should include an estimation of what you will be earning along with a detailed explanation.

A recent judgement Woolworths v CCMA and others [2021] ZALAC 49 in the Labour Appeal Court (LAC) held that an employee can be fairly dismissed for dishonesty if the employee claims to be ill and then uses sick leave entitlement to attend a sports match.

Statistics South Africa (Stats SA) reported on October 29 that South Africa’s unemployment rate increased from 29.0% in 2019 Q2 to 29.1% in the third quarter. This was the highest jobless reading since 2003, and South Africa now has the joint fourth-highest unemployment rate out of 182 countries tracked by Trading Economics.

The Department of Home Affairs has warned that they will be increasing the number of audits and investigations among South African companies that employ foreign nationals. This isn’t an empty threat and they are clamping down on foreign nationals who contravene the act as well as employers who are illegally employing foreigners.

In the recent case of Massmart Holdings Limited v Theron, the Labour Court provided guidance regarding the calculation of damages suffered by an employer as a result of a former employee breaching a non-solicitation undertaking.

It is a well established and non-negotiable requirement that the employee accused at a disciplinary hearing be allowed to defend himself. This includes challenging the employer’s evidence.

With the imminent relaxation of the use and cultivation of dagga, it is important for management to carefully look at their workplace policies. Workplace policies need to be very robust, given that both employers and employees are tasked with creating a safe workplace.