Tag: Basic Conditions of Employment Act (BCEA)

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.

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.

South Africa is hailed as the country with the most progressive of labour regimes. We have a constitution that has explicit labour relations rights in section 23. We also have a myriad of supporting legislation such as the Labour Relations Act and the Basic Conditions of Employment Act, amongst others.

On 1 January 2019, section 73A of the Basic Conditions of Employment Act 75 of 1997 (BCEA) came into effect. This relatively new provision permits employees earning below the prescribed threshold to claim monies owing to them in terms of the National Minimum Wage Act, the BCEA, a collective agreement, a sectoral determination or a contract of employment at the Commission for Conciliation, Mediation and Arbitration (CCMA).

Amendments to the Employment Tax Incentive Act, 2013 geared towards halting the abuse of employment tax incentives came into force on 1 March 2022. The Employment Tax Incentive (ETI) project was introduced in the ETI Act, 2013 to help combat the scourge of youth unemployment in South Africa.

South Africa has one of the highest unemployment rates globally, which results in significant economic challenges. It has also created a growing contingent of discouraged job seekers, who have effectively given up on trying to secure employment, which exacerbates the issue.

Are employers obliged to grant employees leave over the holiday period where they have exhausted sick leave provisions due to COVID-19 infection or exposure? Employers have dedicated much of the year to implementing adequate health and safety measures in the workplace, including placing employees on paid sick leave at the onset of COVID-19 symptoms or following exposure to the virus.

Despite years of progress and an increased awareness surrounding gender equity in the workplace and society in general, women bare a disproportionate responsibility when it comes to childcare. This, combined with social expectations and gender stereotypes, are seen to place women at a disadvantage in the workplace.

It’s month-end. Your employee gets a notification on their phone that their salary has cleared into their bank account. Jackpot! They’ve received more than what is due to them. Mistakes and human miscalculations can occur easily, leaving employers in a difficult position. How should you address a genuine mistake that has been made resulting in employees receiving payments that they have not earned?

In the 2021 Budget, there are proposals to halt abuse of employment tax incentives and expand the scope of what constitutes a long-service award. The 2021 Budget Review contained several proposals in relation to individuals, employment tax and associated benefits and incentives.