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Tag: Basic Conditions of Employment Act (BCEA)

SME payroll pitfalls – mistakes companies should avoid

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Paying employees sounds straightforward, but it is not unusual for Small and Medium Enterprises (SMEs) to make mistakes in managing their payroll. These errors can have serious consequences, ranging from damaging employee morale to fraud losses, and tax penalties for late or incorrect tax payments and submissions.

Submitting a fake doctor’s note could cost you your job

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It’s the law. If you are absent from work for more than two consecutive days, or more than twice within eight weeks, you have to provide a doctor’s note to your employer, according to the Basic Conditions of Employment Act (BCEA).

2024 Earnings threshold announced

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The earnings threshold will increase to R254,371.67 with effect from 1 April 2024, entitling employees falling below the threshold to stricter protections in terms of labour legislation.

Extended notice periods – are they enforceable?

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You’ve just received your dream job offer, but there’s a catch. You need to start the new job in a month’s time, but your current employer requires you to give three months’ notice.

Landmark High Court ruling reshapes parental leave rights & gender equality

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The Johannesburg High Court has ruled that the current law regulating maternity leave, adoption leave and surrogacy leave in South Africa is unconstitutional and invalid, on the basis that it discriminates against different types of parents and violates their dignity and the interests of their children. 

What legal protection is there for breastfeeding mothers at work?

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Breast milk has long been acknowledged as nature’s perfect food for infants. Its unique properties continue to benefit children long after their mothers have stopped breastfeeding. For working women, breastfeeding is easy and convenient to do while they are on maternity leave, but it becomes significantly more challenging when they return to work.

Think you are entitled to severance pay? Think again

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Section 41(4) of the Basic Conditions of Employment Act 75 of 1997 (BCEA) relieves an employer of the duty to pay severance pay in circumstances where the employee who is dismissed for operational requirements “unreasonably refuses to accept the employer’s offer of alternative employment with that employer or any other employer”.

Preparing for an arbitration hearing in the CCMA

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The Commission for Conciliation, Mediation and Arbitration, commonly known as the CCMA, is a statutory body which aims to “advance economic development, social justice, labour peace and the democratisation of the workplace”.

A matter already judged cannot be judged again

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In a recent judgment, the Labour Court has confirmed that instituting a claim for unlawful termination may follow an unsuccessful claim for unfair dismissal at the Commission for Conciliation, Mediation and Arbitration (CCMA). However, the principle of Res Judicata still applies where litigants formulate such a claim on the grounds of fairness.

Understanding mandatory paternity leave

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Currently, legislation allows for unpaid leave for fathers and organisations can implement their own paternity policies as long as they don’t contradict the law. The Basic Conditions of Employment Act (BCEA) stipulates that an employee is entitled to ten consecutive days of parental leave, regardless of their gender.

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