Tag: Bradley Workman-Davies

A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same time, labour legislation. Although the judgment may at first seem confusing, a careful analysis of its outcome sheds light on how these parallel sources of the parties rights and obligations operate in conjunction.

Did you know that your beliefs may be protected by labour laws? But how far do these protections extend – would you be protected for climate change denialism, veganism or being a flat earther?

It may surprise many employers to realise that there are currently no legal obligations placed on employers to give an employee any retirement benefits, and very often the employee is left to make his own arrangements.  

Very recently, the Amabhungane Centre for Investigative Journalism challenged portions of the Regulation of Interception of Communication and Provision of Communication Related Information Act (RICA) in the Pretoria High Court. 

South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights not be unfairly dismissed, and to not be subject to unfair labour practices. 

In terms of the Basic Conditions of Employment Act, 75 of 1997 (BCEA), all employees are entitled to a minimum number of days leave per year. This minimum leave entitlement is 21 consecutive days leave per annual leave cycle, which is in effect 15 working days leave per annum.

Very often, an employee is suspended while an investigation is conducted into allegations of misconduct, or pending the holding and outcome of a disciplinary hearing. South African labour laws do not require such a suspension to be anything more than 'fair', and there is no minimum or maximum time period within which the investigation must be concluded, or in which the enquiry process finalised. However, since the suspension of an employee can be challenged as an unfair labour practice, the courts and CCMA often have to deal with challenges to an employee having been suspended.

The recent fire which broke out in a government building in central Johannesburg lead to the tragic loss of lives of three firefighters who were attempting to put out the blaze. The lives, and health of safety of employees working in the building were also put at risk.

Currently, South African employment laws provide minimum leave entitlements for all employees for annual leave, sick leave, family responsibility leave, and unpaid maternity leave for female employees. A proposed amendment will introduce, for the first time, a new leave type of Parental Leave.

There is no requirement in any South African labour legislation, including the Labour Relations Act, 66 of 1995 and the Basic Conditions of Employment...