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Tag: Jacques van Wyk

Can false allegations be grounds for dismissal?

Issue - Whether an employee who makes a false allegation of racism against another employee can be dismissed?

FEATURE | The Digital Workplace

The digital workplace is one where people, processes, technology, and the company converge to improve business productivity and employee engagement. It's a workplace where employees have the technological tools they need to complete business tasks effortlessly and efficiently.

The legalisation of cannabis does not extend to the workplace

Whether the recent Constitutional Court case of Minister of Justice and Correctional Services v Prince and Others, in which the private use of cannabis was declared legal, has any bearing on an employer’s ability to discipline employees for being under the influence of cannabis whilst on duty.

New system to be launched to detect non-compliance with Minimum Wage...

Last month the Department of Labour (DOL) released a media brief noting that the Commission for Conciliation, Mediation and Arbitration (CCMA) has requested that the DOL investigate the growing practice of deliberate circumvention of labour laws amongst employers.

Dismissal for failing to work overtime for religious reasons fair or...

The issue arose as to whether the dismissal of an employee who refused to work contractually agreed upon days due to the tenets of her religious convictions was automatically unfair?

National minimum wage and how it applies to domestic workers

The National Minimum Wage Act 9 of 2018 provides for a national minimum wage. The national minimum wage is R20 for each ordinary hour worked. There are, however, certain exceptions to the national minimum wage amount of R20 per hour. Domestic workers are entitled to a minimum wage of R15 per hour.

National Minimum Wage Act 9 of 2018 – what you need...

The National Minimum Wage Act 9 of 2018 (NMWA) came into effect on 1 January 2019. The NMWA provides for, amongst others, a national minimum wage; the establishment of a National Minimum Wage Commission; a review and annual adjustment of the national minimum wage; and the provision of an exemption from paying the national minimum wage.  

Workplace racism – the question of culture?

Is the dismissal of an employee, who compares a fellow employee to a monkey, fair, if the employee doing so alleges the statement was made in a friendly and inoffensive manner, according to the employee’s culture?

JUDGEMENT | Labour brokers – at last some certainty

Employees, earning below the prescribed earnings threshold of R205,433.30 per annum, who are placed with a client by a temporary employment service (TES) for a period exceeding three months are solely employed by the client, and the TES is no longer the employer of that employee.

National Minimum Wage Bill (NMW) | analysis and impact

The National Minimum Wage (NMW) Bill has been passed by the National Assembly and sent for concurrence to the National Council of Provinces. The implementation date of the NMW Bill will be announced after the National Council of Provinces (NCOP's) select committee considers the NMW Bill. The NMW legislation is intended to provide for a national minimum wage; to establish a National Minimum Wage Commission; to review and annually adjust the national minimum wage and provide for exemption from paying the national minimum wage.
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