Tag: labour law

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.

Tattoo discrimination is a very real problem in South African business, but do organisations have an inkpot to stand on? People with tattoos often face discrimination. They’ve been dismissed from their company, had their roles changed – or struggled to get a promotion – and they’ve been judged on the basis of their ink.

South Africa’s labour-law regime is difficult, if not impossible, for small businesses to comply with. It imposes a relatively higher cost on them than on large firms. This leads to fewer people employed in small businesses, and often leads to small businesses not being formalised and therefore certainly not complying with the law.

According to the Global Peace Index for 2020 by the Institute of Economics and Peace (IEP), violence costs South Africa about 13% of its gross domestic product (GDP) per year. South Africa ranks as the 26th most costly in the world, totalling $97.4 billion, or $1,971 per capita (in PPP terms).