Tag: labour law

In an era marked by rapid change and uncertainty, South Africa’s latest adjustment to the Basic Conditions of Employment Act (BCEA) earnings threshold offers a timely lifeline for businesses under pressure. The minister announced a modest 2.9% increase, which aligns with the November 2024 inflation rate.

In a significant move aimed at improving workers' livelihoods across South Africa, the government announced a new minimum wage. This new wage will take effect on 1 March 2025. This change will impact a wide range of industries. Employers must familiarise themselves with the new regulations and ensure compliance.

Wanatu's language policy requirement for proficiency in the Afrikaans language is central to their business model, and has sparked significant debate. Wanatu operates in Centurion and Pretoria. One of Wanatu’s key value propositions, as stated on its website, is “Restoring dignity in our communities' jobs in Afrikaans” (direct translation from the website).

The growing importance of Environmental, Social, and Governance (ESG) criteria is having a significant impact on how building projects are planned, executed, and managed in South Africa. If anything, it is reshaping the construction landscape when it comes to promoting sustainable development and improving social outcomes.

There is a rare opportunity to right a lot of South Africa’s wrongs in one go. Corruption and unemployment are two major roadblocks. Permit me to explain how they can be simultaneously addressed within the current administration. I suggest an amnesty largely on the African National Congress (ANC’s) past wrongdoing in office in return for liberalisation of labour laws. This may be for a bit further down the line.

Hiring registered businesses is more than just cost-and-time savings, it’s for the greater good of the country. As much as addressing South Africa’s dire unemployment rate is critical, building industry role players recommend that businesses and members of the public tread carefully when securing the services of unregistered contractors.

Navigating political affiliations in the workplace is a complex task for South African employers. There are valuable insights on this topic, emphasizing the importance of maintaining political neutrality to foster a harmonious work environment. 

In a recent landmark ruling, the Labour Court's decision in the case of Connor v Lexisnexis (Pty) Ltd (P18/24) [2024] ZALCPE 11 sheds light on the evolving stance towards employing individuals with a criminal record. The court's acceptance of the employee's claim for unfair discrimination underscores a fundamental shift in perspective, advocating for fairness and inclusivity in the workplace.

The South African courts have by and large, consistently upheld an employer’s right to restrain an employee form unfairly competing with a former employer where certain conditions have been met. These include the employer being able to show a protectable interest and a properly drafted restraint.

If jobseekers in South Africa currently had the right to freely enter voluntary contracts with employers at wages and on conditions acceptable to both parties, the country would not have mass unemployment. Figures recently released by Statistics SA confirm the statement by the International Labour Organisation (ILO) that at 29.8 percent South Africa had the highest unemployment rate in the world. At 4.9 percent the USA had the lowest rate.