Tag: Labour Relations Act (LRA)

AI-driven recruitment raises critical concerns about bias, fairness and legal accountability in modern hiring practices. There is mounting foreign case law that provides both employers and Artificial Intelligence (AI) developers with significant food for thought.

Workplace bullying transcends mere professional misconduct; it is a violation of human rights that undermines employee dignity and wellbeing. Bullying manifests in various forms - verbal, emotional, psychological and even through passive-aggressive behaviours such as exclusion and gossip. In South Africa, the implications of workplace bullying extend beyond moral concerns, as it infringes on constitutional rights.

In South Africa's shifting labour landscape, union representation is being tested and pushed to new limits. The case of AFGRI Animal Feeds (A Division of PhilAfrica Foods (Pty) Limited) v National Union of Metalworkers South Africa (NUMSA) and Others (CCT 188/22) [2024] ZACC 13 has sparked a significant debate challenging the traditional scope of union activities and raising critical questions about legal jurisdiction and worker representation. This case serves as a pivotal moment in understanding the complexities of union eligibility across diverse industries.

An increasing number of jurisdictions are embracing digital nomads as a potential source of economic good, lightly taxed but who contribute to the fiscus through their daily and considerable spending habits. South Africa is no exception, following some recent exciting developments within the immigration policy space.

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.

Claire Turner | Provincial Manager | CEO | Consolidated Employers Organisation (CEO SA) | mail me | Employers might face situations where witnesses necessary for...

A recent Labour Court matter, Independent Municipal & Allied Trade Union on Behalf of Espach v Polokwane Local Municipality (2024) 45 ILJ 308 (LC) involved an application that was made under Section 158(1)(c) of the Labour Relations Act (LRA) 66 of 1995. The case involved an applicant who was employed by the municipality.

A recent judgment by the Labour Court confirms the current untenable position that many working-class South Africans find themselves in - being unable to retire comfortably at the standard retirement age, thus necessitating working beyond retirement.

The earnings threshold will increase to R254,371.67 with effect from 1 April 2024, entitling employees falling below the threshold to stricter protections in terms of labour legislation.

The concept of reasonableness has a strong subjective element. For instance, a salary increase of 50 % might seem reasonable to me if I have been earning a lot less than my colleagues. However, if my employer is reluctant to establish a precedent of granting such large increases, then demanding such a significant raise may not be considered reasonable from their perspective.