Tag: Dhevarsha Ramjettan
Heightened responsibilities for employers amidst EEA
The Department of Employment and Labour (DoEL) has published the Employment Equity Regulations, 2025 under the Employment Equity Act 55 of 1998 (EEA), as amended. This was published together with the notice identifying national economic sectors and determining the sectoral numerical targets, effective from 15 April 2025.
Employment Equity Amendment Bill 2020 – employers must act swiftly
The Employment Equity Amendment Act has been signed into law, which paves the way for setting enforceable numerical targets for employment equity for economic sectors and fining employers who are non-compliant
Collective misconduct and the burden of proof – lessons for employers
The Labour Appeal Court has ruled against an employer's reliance on collective misconduct for shrinkage in an unfair dismissal case, reinforcing the importance of evidence and the burden of proof placed on the employer. The concept of collective misconduct applies when employers address misconduct involving multiple employees.
New National Minimum Wage announced
New National Minimum Wage (NMW) hourly rates, which will have a significant impact on labour-intensive industries, were published by the Minister of Employment on 21 February 2023, in line with section 6(5) of the National Minimum Wage Act. They will take effect from 1 March 2023.
Civil unrest and public looting – managing key employment issues
Employers seeking an appropriate response to the civil unrest and public looting in Gauteng, KwaZulu-Natal and other parts of South Africa will have to consider different factual circumstances. As a result of the civil unrest and public looting in Gauteng, KwaZulu-Natal and elsewhere, employers may face one of the three scenarios.
Draft code of practice on workplace violence and harassment published
The Minister of Employment and Labour has published for comment a Draft Code of Practice on the Prevention and Elimination of Violence and Harassment in the World of Work (Code). The Code applies to all sectors (both public and private) in the formal and informal economy.
Planning for a safe return to work all risks considered
Nationally, on 1 May 2020, South Africa will move from its current position at level 5 to level 4. This means that all essential services will be able to continue operating together with the following additional sectors: food retail stores will be permitted to sell full line of products, agriculture, forestry, mining, financial and professional services, postal and telecommunications services, information technology services and formal waste recycling services.
Derivative misconduct in the workplace
All employers, employees and trade unions will need to be aware of the Constitutional Court's recent Dunlop decision which has clarified much of the uncertainty around how derivative misconduct is applied in the workplace.
