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Increase to BCEA earnings threshold & minimum wages

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On 8 February 2021 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a Government Gazette providing for the increase of the earnings threshold, as provided for in the Basic Conditions of Employment Act 75 of 1997 (BCEA). The new earnings threshold will be R211,596.30 per annum with effect of 1 March 2021. 

An employer cannot unilaterally change an employee’s retirement age

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An employer cannot unilaterally change an employee’s retirement age. Should the employer do so and terminate the employee’s employment, the dismissal may constitute an automatically unfair dismissal and amount to unfair discrimination.

DMA vs LRA: what is considered an ‘essential service’ in strike...

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The issue is whether an essential service in terms of the Disaster Management Act (DMA) is deemed an essential service for the purposes of the Labour Relations Act (LRA), thus barring employees from engaging in protected strike action.

Can Zoom be used when conducting retrenchment consultations?

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The issue is whether an employer may utilise Zoom when conducting consultations in a retrenchment exercise. If not, does the continuation of the consultations in such circumstances result in procedural unfairness? The Labour Relations Act 66 of 1995 (LRA) does not regulate how section 189 consultations are to be held (i.e. in person or via video conference).

An employee may be dismissed for lodging a false grievance

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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.

Rebuilding and restructuring post lockdown

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With the easing of the nationwide lockdown in response to the COVID-19 pandemic through the Government's 'Risk Adjusted Strategy' (comprising of five lockdown levels), more and more business can lawfully operate again. As a result, employees will be returning to work and employers will be obliged to remunerate them again.

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